E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, FIRST SESSION

Vol. 151 WASHINGTON, THURSDAY, OCTOBER 6, 2005 No. 129—Part II Senate MESSAGES FROM THE PRESIDENT lowing Members of the House of Rep- appropriations for the Department of Messages from the President of the resentatives to the President’s Export Homeland Security for the fiscal year United States were communicated to Council: Mr. ENGLISH of Pennsylvania, ending September 30, 2006, and for the Senate by Mr. Williams, one of his Mr. PICKERING of Mississippi, and Mr. other purposes. secretaries. HAYES of North Carolina. The message also announced that the The message also announced that House has passed the following enrolled f pursuant to 36 U.S.C. 2301, and the bill, without amendment: EXECUTIVE MESSAGES REFERRED order of the House of January 4, 2005, S. 1786. An act to authorize the Secretary As in executive session the Presiding the Speaker appoints the following of Transportation to make emergency air- Officer laid before the Senate messages Members of the House of Representa- port improvement project grants-in-aid from the President of the United tives to the United States Holocaust under title 49, United States Code, for re- Memorial Council: Mr. LATOURETTE of pairs and costs related to damage from Hur- States submitting sundry nominations ricanes Katrina and Rita. which were referred to the appropriate Ohio, Mr. CANNON of Utah, and Mr. committees. CANTOR of Virginia. At 9:17 p.m., a message from the The message further announced that (The nominations received today are House of Representatives, delivered by pursuant to 36 U.S.C. 2301, and the printed at the end of the Senate pro- Ms. Niland, one of its reading clerks, order of the House of January 4, 2005, ceedings.) announced that the House has passed the Speaker appoints the following f the following bills, in which it requests Members of the House of Representa- the concurrence of the Senate: MESSAGES FROM THE HOUSE tives to the United States Holocaust H.R. 3895. An act to amend title V of the Memorial Council: Mr. LANTOS of Cali- At 5:48 p.m., a message from the Housing Act of 1949 to provide rural housing House of Representatives, delivered by fornia, and Mr. WAXMAN of California. assistance to families affected by Hurricane Mr. Hays, one of its reading clerks, an- The message also announced that Katrina. nounced that the House has passed the pursuant to 10 U.S.C. 4355(a), and the H.R. 3896. An act to temporarily suspend, following bill, in which it requests the order of the House of January 4, 2005, for communities affected by Hurricane concurrence of the Senate: the Speaker appoints the following Katrina, certain requirements under the community development block grant pro- H.R. 3971. An act to provide assistance to Members of the House of Representa- gram. individuals and States affected by Hurricane tives to the Board of Visitors to the Katrina. United States Military Academy: Mr. f HINCHEY of New York, and Mrs. TAU- EXECUTIVE AND OTHER At 7:14 p.m., a message from the SCHER of California. COMMUNICATIONS House of Representatives, delivered by Ms. Niland, one of its reading clerks, At 7:51 p.m., a message from the The following communications were announced that the House has passed House of Representatives, delivered by laid before the Senate, together with the following bill, without amendment: Ms. Niland, one of its reading clerks, accompanying papers, reports, and doc- S. 1413. An act to redesignate the Crowne announced that the House has passed uments, and were referred as indicated: Plaze in Kingston, Jamaica as the Colin L. the following bill, in which it requests EC–4159. A communication from the Chair- Powell Residential Plaza. the concurrence of the Senate: man, Nuclear Regulatory Commission, trans- The message also announced that H.R. 3894. An act to provide for waivers mitting, pursuant to law, the report on the pursuant to 22 U.S.C. 6913, and the under certain housing assistance programs of status of licensing and regulatory activities for July 2005; to the Committee on Environ- order of the House of January 4, 2005, the Department of Housing and Urban Devel- opment to assist victims of Hurricane ment and Public Works. the Speaker appoints the following Katrina and Hurricane Rita in obtaining EC–4160. A communication from the Acting Members of the House of Representa- housing. Director, Office of Congressional Affairs, Nu- tives to the Congressional-Executive clear Regulatory Commission, transmitting, Commission on the People’s Republic At 8:51 p.m., a message from the pursuant to law, the report of a rule entitled of China: Mr. LEVIN of Michigan, Ms. House of Representatives, delivered by ‘‘Incorporation by Reference of ASME Code KAPTUR of Ohio, Mr. BROWN of Ohio, Ms. Niland, one of its reading clerks, Cases’’ (RIN3150–AH35) received on October 4, 2005; to the Committee on Environment and and Mr. HONDA of California. announced that the House agrees to Public Works. The message further announced that the report of the committee of con- EC–4161. A communication from the Prin- pursuant to Executive Order No. 12131, ference on the disagreeing votes of the cipal Deputy Associate Administrator, Envi- and the order of the House of January two Houses on the amendment of the ronmental Protection Agency, transmitting, 4, 2005, the Speaker appoints the fol- Senate to the bill, H.R. 2360, making pursuant to law, the report of a rule entitled

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S11209

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VerDate Mar 15 2010 20:27 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06OC5.PT2 S06OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11210 CONGRESSIONAL RECORD — SENATE October 6, 2005 ‘‘Approval and Promulgation of Air Quality ronmental Protection Agency, transmitting, EC–4180. A communication from the Under Implementation Plans: Nashville-Davidson pursuant to law, the report of a rule entitled Secretary, Emergency Preparedness and Re- County; Revised Format for Materials Being ‘‘Approval and Promulgation of State Plans sponse, Federal Emergency Management Incorporated by Reference’’ (FRL7972–5) re- for Designated Facilities and Pollutants: Agency, Department of Homeland Security, ceived on October 4, 2005; to the Committee Bernalillo County, New Mexico; Negative transmitting, pursuant to law, a report that on Environment and Public Works. Declaration’’ (FRL7979–3) received on Octo- funding for the State of Mississippi as a re- EC–4162. A communication from the Prin- ber 4, 2005; to the Committee on Environ- sult of Hurricane Katrina on August 27, 2005, cipal Deputy Associate Administrator, Envi- ment and Public Works. and continuing, has exceeded $5,000,000; to ronmental Protection Agency, transmitting, EC–4171. A communication from the Prin- the Committee on Homeland Security and pursuant to law, the report of a rule entitled cipal Deputy Associate Administrator, Envi- Governmental Affairs. ‘‘Approval and Promulgation of Air Quality ronmental Protection Agency, transmitting, EC–4181. A communication from the Under Implementation Plans: Texas Low-Emission pursuant to law, the report of a rule entitled Secretary, Emergency Preparedness and Re- Diesel Fuel Program’’ (FRL7982–2) received ‘‘Approval and Promulgation of State Plans sponse, Federal Emergency Management on October 4, 2005; to the Committee on En- for Designated Facilities and Pollutants: Agency, Department of Homeland Security, vironment and Public Works. Oklahoma; Plan for Controlling Emissions transmitting, pursuant to law, a report that EC–4163. A communication from the Prin- from Commercial and Industrial Solid Waste funding for the State of Alabama as a result cipal Deputy Associate Administrator, Envi- Incineration Units’’ (FRL7979–7) received on of Hurricane Katrina on August 28, 2005, and ronmental Protection Agency, transmitting, October 4, 2005; to the Committee on Envi- continuing, has exceeded $5,000,000; to the pursuant to law, the report of a rule entitled ronment and Public Works. Committee on Homeland Security and Gov- ‘‘Approval and Promulgation of State Plans EC–4172. A communication from the Prin- ernmental Affairs. for Designated Facilities and Pollutants: cipal Deputy Associate Administrator, Envi- EC–4182. A communication from the Sec- Massachusetts; Negative Declaration’’ ronmental Protection Agency, transmitting, retary of Agriculture, transmitting, pursu- (FRL7981–5) received on October 4, 2005; to pursuant to law, the report of a rule entitled ant to law, the semiannual report of the Of- the Committee on Environment and Public ‘‘National Emission Standards for Hazardous fice of the Inspector General for the period Works. Air Pollutants for Secondary Aluminum Pro- ended March 31, 2005; to the Committee on EC–4164. A communication from the Prin- duction’’ (FRL7978–4) received on October 4, Homeland Security and Governmental Af- cipal Deputy Associate Administrator, Envi- 2005; to the Committee on Environment and fairs. ronmental Protection Agency, transmitting, Public Works. EC–4183. A communication from the Under pursuant to law, the report of a rule entitled EC–4173. A communication from the Prin- Secretary, Emergency Preparedness and Re- ‘‘Control of Emissions of Hazardous Air Pol- cipal Deputy Associate Administrator, Envi- sponse, Federal Emergency Management lutants from Mobile Sources: Default Base- ronmental Protection Agency, transmitting, Agency, Department of Homeland Security, line Revision’’ (FRL7981–4) received on Octo- pursuant to law, the report of a rule entitled transmitting, pursuant to law, a report that ber 4, 2005; to the Committee on Environ- ‘‘Revision of Wastewater Treatment Exemp- funding for the State of Louisiana as a result ment and Public Works. tions for Hazardous Waste Mixtures of Hurricane Katrina on August 26, 2005, and EC–4165. A communication from the Prin- (Headworks Exemption)’’ (FRL7980–1) re- continuing, has exceeded $5,000,000; to the cipal Deputy Associate Administrator, Envi- ceived on October 4, 2005; to the Committee Committee on Homeland Security and Gov- ronmental Protection Agency, transmitting, on Environment and Public Works. ernmental Affairs. EC–4174. A communication from the Prin- EC–4184. A communication from the Acting pursuant to law, the report of a rule entitled cipal Deputy Associate Administrator, Envi- Principal Deputy Assistant Secretary, Bu- ‘‘Prevention of Significant Deterioration for ronmental Protection Agency, transmitting, reau of Indian Affairs, Department of the In- Nitrogen Oxides’’ (FRL7981–1) received on pursuant to law, the report of a rule entitled terior, transmitting, pursuant to law, the re- October 4, 2005; to the Committee on Envi- ‘‘Approval and Promulgation of Air Quality port of a rule entitled ‘‘Navajo Partitioned ronment and Public Works. EC–4166. A communication from the Prin- Implementation Plans; Texas; Permits by Lands Grazing Permits’’ (RIN1076–AE46) re- Rule’’ (FRL7975–9) received on October 4, ceived on October 4, 2005; to the Committee cipal Deputy Associate Administrator, Envi- 2005; to the Committee on Environment and on Indian Affairs. ronmental Protection Agency, transmitting, Public Works. EC–4185. A communication from the Coun- pursuant to law, the report of a rule entitled EC–4175. A communication from the Prin- sel for Legislation and Regulations, Office of ‘‘Streamlining the General Pretreatment cipal Deputy Associate Administrator, Envi- Public and Indian Housing, Department of Regulations for Existing and New Sources of ronmental Protection Agency, transmitting, Housing and Urban Development, transmit- Pollution’’ (FRL7980–4) received on October pursuant to law, the report of a rule entitled ting, pursuant to law, the report of a rule en- 4, 2005; to the Committee on Environment ‘‘Approval and Promulgation of Implementa- titled ‘‘Revisions to the Public Housing Op- and Public Works. tion Plan; Idaho; Correcting Amendment’’ erating Fund Program’’ (RIN2577–AC51) re- EC–4167. A communication from the Prin- (FRL7977–5) received on October 4, 2005; to ceived on September 28, 2005; to the Com- cipal Deputy Associate Administrator, Envi- the Committee on Environment and Public mittee on Banking, Housing, and Urban Af- ronmental Protection Agency, transmitting, Works. fairs. pursuant to law, the report of a rule entitled EC–4176. A communication from the Prin- EC–4186. A communication from the Chair- ‘‘Approval and Promulgation of Air Quality cipal Deputy Associate Administrator, Envi- man, Securities and Exchange Commission, Implementation Plan; Pennsylvania; Revi- ronmental Protection Agency, transmitting, transmitting, pursuant to law, the 2004 An- sion to the Motor Vehicle Enhanced I/M Pro- pursuant to law, the report of a rule entitled nual Report of the Securities Investor Pro- gram—Philadelphia Pittsburgh, South Cen- ‘‘Approval and Promulgation of State Plan tection Corporation; to the Committee on tral, and North Regions and Safety Inspec- Designated Facilities and Pollutants; North Banking, Housing, and Urban Affairs. tion Program Enhancements for Non-I/M Re- Carolina’’ (FRL7876–5) received on October 4, EC–4187. A communication from the Prin- gions’’ (FRL7980–5) received on October 4, 2005; to the Committee on Environment and cipal Deputy Associate Administrator, Envi- 2005; to the Committee on Environment and Public Works. ronmental Protection Agency, transmitting, Public Works. EC–4177. A communication from the Prin- pursuant to law, the report of a rule entitled EC–4168. A communication from the Prin- cipal Deputy Associate Administrator, Envi- ‘‘Imidacloprid; Pesticide Tolerances for cipal Deputy Associate Administrator, Envi- ronmental Protection Agency, transmitting, Emergency Exemptions’’ (FRL7738–8) re- ronmental Protection Agency, transmitting, pursuant to law, the report of a rule entitled ceived on October 4, 2005; to the Committee pursuant to law, the report of a rule entitled ‘‘Cross-Media Electronic Reporting’’ on Agriculture, Nutrition, and Forestry. ‘‘Approval and Promulgation of Implementa- (FRL7977–1) received on October 4, 2005; to EC–4188. A communication from the Chair- tion Plans for Kentucky: Inspection and the Committee on Environment and Public man and Chief Executive Officer, Farm Cred- Maintenance Program Removal for Northern Works. it Administration, transmitting, pursuant to Kentucky; New Solvent Metal Cleaning EC–4178. A communication from the Prin- law, the report of a rule entitled ‘‘Receiver- Equipment; Commercial Motor Vehicle and cipal Deputy Associate Administrator, Envi- ship Repudiation Authorities’’ (RIN3052– Mobile Equipment Refinishing Operations’’ ronmental Protection Agency, transmitting, AC26) received on October 4, 2005; to the (FRL7979–7A) received on October 4, 2005; to pursuant to law, the report of a rule entitled Committee on Agriculture, Nutrition, and the Committee on Environment and Public ‘‘Montana: Final Authorization of State Haz- Forestry. Works. ardous Waste Management’’ (FRL7977–4) re- EC–4189. A communication from the Con- EC–4169. A communication from the Prin- ceived on October 4, 2005; to the Committee gressional Review Coordinator, Animal and cipal Deputy Associate Administrator, Envi- on Environment and Public Works. Plant Health Inspection Service, Department ronmental Protection Agency, transmitting, EC–4179. A communication from the Prin- of Agriculture, transmitting, pursuant to pursuant to law, the report of a rule entitled cipal Deputy Associate Administrator, Envi- law, the report of a rule entitled ‘‘Mexican ‘‘Approval and Promulgation of Implementa- ronmental Protection Agency, transmitting, Fruit Fly; Quarantined Areas and Treat- tion Plan; New York State Implementation pursuant to law, the report of a rule entitled ments for Regulated Articles’’ (Doc. No. 02– Plan Revision’’ (FRL7971–5) received on Oc- ‘‘Reimbursement to Local Government for 129–5) received on October 4, 2005; to the tober 4, 2005; to the Committee on Environ- Emergency Responses to Hazardous Sub- Committee on Agriculture, Nutrition, and ment and Public Works. stances Releases’’ (FRL7976–2) received on Forestry. EC–4170. A communication from the Prin- October 4, 2005; to the Committee on Envi- EC–4190. A communication from the Con- cipal Deputy Associate Administrator, Envi- ronment and Public Works. gressional Review Coordinator, Animal and

VerDate Mar 15 2010 20:27 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06OC5.PT2 S06OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 6, 2005 CONGRESSIONAL RECORD — SENATE S11211 Plant Health Inspection Service, Department nal Revenue Service, Department of the nology and Logistics, transmitting, pursuant of Agriculture, transmitting, pursuant to Treasury, transmitting, pursuant to law, the to law, the 2005 report on the performance of law, the report of a rule entitled ‘‘Stall Res- report of a rule entitled ‘‘Notice Section commercial activities; to the Committee on ervations at Import Quarantine Facilities’’ 1.367(a)–8 Revisions’’ (Not. 2005–74) received Armed Services. (Doc. No. 02–024–2) received on October 4, on October 5, 2005; to the Committee on Fi- EC–4214. A communication from the Under 2005; to the Committee on Agriculture, Nu- nance. Secretary of Defense for Personnel and Read- trition, and Forestry. EC–4202. A communication from the Acting iness, transmitting, authorization of Major EC–4191. A communication from the Con- Chief, Publications and Regulations, Inter- General Stephen R. Lorenz, United States gressional Review Coordinator, Animal and nal Revenue Service, Department of the Air Force, to wear the insignia of the grade Plant Health Inspection Service, Department Treasury, transmitting, pursuant to law, the of lieutenant general in accordance with of Agriculture, transmitting, pursuant to report of a rule entitled ‘‘Appeals Settle- title 10, United States Code, section 777; to law, the report of a rule entitled ‘‘West In- ment Guidelines: Research Credit, Qualified the Committee on Armed Services. dian Fruit Fly; Regulated Articles’’ (Doc. Research Expenses’’ (UIL41.51–01) received on EC–4215. A communication from the Under No. 04–127–2) received on October 4, 2005; to October 5, 2005; to the Committee on Fi- Secretary of Defense for Personnel and Read- the Committee on Agriculture, Nutrition, nance. iness, transmitting, authorization of Major and Forestry. EC–4203. A communication from the Acting General Frank G. Klotz, United States Air EC–4192. A communication from the Sec- Chief, Publications and Regulations, Inter- Force, to wear the insignia of the grade of retary of Energy, transmitting, pursuant to nal Revenue Service, Department of the lieutenant general in accordance with title law, the Annual Report to Congress on Fed- Treasury, transmitting, pursuant to law, the 10, United States Code, section 777; to the eral Government Energy Management and report of a rule entitled ‘‘2005–2006 Per Diem Committee on Armed Services. Conservation Programs, Fiscal Year 2003; to Rates’’ (Rev. Proc. 2005–67) received on Octo- EC–4216. A communication from the Under the Committee on Energy and Natural Re- ber 5, 2005; to the Committee on Finance. Secretary of Defense for Personnel and Read- sources. EC–4204. A communication from the Direc- iness, transmitting, authorization of Major EC–4193. A communication from the Assist- tor, Regulations and Disclosure Law Divi- General Gary L. North, United States Air ant Secretary for Fish and Wildlife and sion, Customs and Border Protection, De- Force, to wear the insignia of the grade of Parks, Department of the Interior, transmit- partment of Homeland Security, transmit- lieutenant general in accordance with title ting, a draft of proposed legislation entitled ting, pursuant to law, the report of a rule en- 10, United States Code, section 777; to the ‘‘Dorothy Buell Memorial Visitor Center titled ‘‘Country of Origin of Textile and Ap- Committee on Armed Services. Lease Act’’; to the Committee on Energy and parel Products’’ (RIN1505–AB60) received on EC–4217. A communication from the Under Natural Resources. October 4, 2005; to the Committee on Fi- Secretary of Defense for Personnel and Read- EC–4194. A communication from the Acting nance. iness, transmitting, authorization of Major Assistant Secretary for Land and Minerals EC–4205. A communication from the Regu- General Douglas M. Fraser, United States lations Coordinator, Centers for Medicare Management, Minerals Management Service, Air Force, to wear the insignia of the grade and Medicaid Services, Department of Department of the Interior, transmitting, of lieutenant general in accordance with Health and Human Services, transmitting, pursuant to law, the report of a rule entitled title 10, United States Code, section 777; to pursuant to law, the report of a rule entitled ‘‘Royalty Payment and Royalty and Produc- the Committee on Armed Services. ‘‘Medicare Program; Health Care Infrastruc- tion Reporting Requirements Relief for Fed- EC–4218. A communication from the Under ture Improvement Program: Selection Cri- eral Oil and Gas Lessees Affected by Hurri- Secretary of Defense for Personnel and Read- teria of Loan Program for Qualifying Hos- cane Katrina or Hurricane Rita’’ (RIN1010– iness, transmitting, authorization of Major pitals Engaged in Cancer-Related Health AD28) received on October 4, 2005; to the General Ann E. Dunwoody, United States Care’’ (RIN0938–AO03) received on October 4, Committee on Energy and Natural Re- Army, to wear the insignia of the grade of 2005; to the Committee on Finance. lieutenant general in accordance with title sources. EC–4206. A communication from the In- 10, United States Code, section 777; to the EC–4195. A communication from the Acting spector General, Department of Health and Committee on Armed Services. Director, Office of Civilian Radioactive Human Services, transmitting, pursuant to EC–4219. A communication from the Under Waste Management, Department of Energy, law, the report of the Office of the Inspector Secretary of Defense for Personnel and Read- transmitting, pursuant to law, the Office’s General for the period ending September 30, iness, transmitting, authorization of Lieu- 2005 Annual Report; to the Committee on En- 2005; to the Committee on Finance. ergy and Natural Resources. EC–4207. A communication from the Chair- tenant General Duncan J. McNabb, United EC–4196. A communication from the Asso- man, International Trade Commission, States Air Force, to wear the insignia of the ciate Legal Counsel, Equal Employment Op- transmitting, pursuant to law, a report on grade of general in accordance with title 10, portunity Commission, transmitting, pursu- the Impact of the Caribbean Basin Economic United States Code, section 777; to the Com- ant to law, the report of a vacancy in the po- Recovery Act for calendar years 2003 and mittee on Armed Services. EC–4220. A communication from the Under sition of General Counsel, received on Sep- 2004; to the Committee on Finance. tember 28, 2005; to the Committee on Health, EC–4208. A communication from the Chair- Secretary of Defense for Personnel and Read- Education, Labor, and Pensions. man, International Trade Commission, iness, transmitting, authorization of Lieu- EC–4197. A communication from the Direc- transmitting, pursuant to law, the report on tenant General William S. Wallace, United tor, Regulations Policy and Management the Andean Trade Preference Act for cal- States Army, to wear the insignia of the Staff, Food and Drug Administration, De- endar year 2004; to the Committee on Fi- grade of general in accordance with title 10, partment of Health and Human Services, nance. United States Code, section 777; to the Com- transmitting, pursuant to law, the report of EC–4209. A communication from the Acting mittee on Armed Services. a rule entitled ‘‘Use of Materials Derived Director, Defense Procurement and Acquisi- f from Cattle in Human Food and Cosmetics’’ tion Policy, Department of Defense, trans- (RIN0910–AF47) received on October 4, 2005; mitting, pursuant to law, the report of a rule EXECUTIVE REPORTS OF to the Committee on Health, Education, entitled ‘‘Provision of Information to Coop- COMMITTEES Labor, and Pensions. erative Agreement Holders’’ (DFARS Case The following executive reports of EC–4198. A communication from the Senior 2004–D025) received on October 4, 2005; to the committees were submitted: Regulatory Officer, Wage and Hour Division, Committee on Armed Services. By Mr. INHOFE for the Committee on En- Department of Labor, transmitting, pursu- EC–4210. A communication from the Acting vironment and Public Works. ant to law, the report of a rule entitled ‘‘In- Director, Defense Procurement and Acquisi- *Santanu K. Baruah, of Oregon, to be As- dustries in American Samoa’’ received on tion Policy, Department of Defense, trans- sistant Secretary of Commerce for Economic October 4, 2005; to the Committee on Health, mitting, pursuant to law, the report of a rule Development. Education, Labor, and Pensions. entitled ‘‘Multiyear Contracting’’ (DFARS *H. Dale Hall, of New Mexico, to be Direc- EC–4199. A communication from the Sec- Case 2004–D024) received on October 4, 2005; tor of the United States Fish and Wildlife retary of Labor, transmitting, pursuant to to the Committee on Armed Services. Service. law, a report on the Department’s 2004 Find- EC–4211. A communication from the Under *Edward McGaffigan, Jr., of Virginia, to be ings on the Worst Forms of Child Labor; to Secretary of Defense, Acquisition, Tech- a Member of the Nuclear Regulatory Com- the Committee on Health, Education, Labor, nology, and Logistics, transmitting, pursu- mission for the term of five years expiring and Pensions. ant to law, revisions to the Fiscal Year 2006 June 30, 2010. EC–4200. A communication from the Acting Annual Materials Plan; to the Committee on *George M. Gray, of Massachusetts, to be Chief, Publications and Regulations, Inter- Armed Services. an Assistant Administrator of the Environ- nal Revenue Service, Department of the EC–4212. A communication from the Prin- mental Protection Agency. Treasury, transmitting, pursuant to law, the cipal Deputy Under Secretary of Defense, *Lyons Gray, of North Carolina, to be report of a rule entitled ‘‘Stock Held by For- Personnel and Readiness, transmitting, pur- Chief Financial Officer, Environmental Pro- eign Insurance Companies’’ (RIN1545–BD27) suant to law, a report regarding federal fund- tection Agency. received on October 5, 2005; to the Committee ing to institutions of higher education; to on Finance. the Committee on Armed Services. *Nomination was reported with rec- EC–4201. A communication from the Acting EC–4213. A communication from the Under ommendation that it be confirmed sub- Chief, Publications and Regulations, Inter- Secretary of Defense, Acquisition, Tech- ject to the nominee’s commitment to

VerDate Mar 15 2010 20:27 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06OC5.PT2 S06OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11212 CONGRESSIONAL RECORD — SENATE October 6, 2005 respond to requests to appear and tes- By Mr. JEFFORDS (for himself, Mrs. Katrina or Hurricane Rita, and for other pur- tify before any duly constituted com- BOXER, Mr. LIEBERMAN, Mrs. CLINTON, poses; to the Committee on Homeland Secu- mittee of the Senate. Mr. CARPER, Mr. LAUTENBERG, Mr. rity and Governmental Affairs. OBAMA, and Mr. BAUCUS): By Mr. SALAZAR (for himself and Mr. f S. 1836. A bill to provide for reconstruc- ALLARD): INTRODUCTION OF BILLS AND tion, replacement, and improvement of in- S. 1848. A bill to promote remediation of JOINT RESOLUTIONS frastructure in the Gulf Coast Region; to the inactive and abandoned mines, and for other Committee on Environment and Public purposes; to the Committee on Environment The following bills and joint resolu- Works. and Public Works. tions were introduced, read the first By Mr. REED: By Ms. LANDRIEU: and second times by unanimous con- S. 1837. A bill to amend the Magnuson-Ste- S. 1849. A bill for the relief of Gisele Gold- sent, and referred as indicated: vens Fishery Conservation and Management berg Schexnider; to the Committee on the Act to add Rhode Island to the Mid-Atlantic By Mr. KOHL (for himself and Mr. DUR- Judiciary. Fishery Management Council; to the Com- By Mr. SALAZAR: BIN): mittee on Commerce, Science, and Transpor- S. 1826. A bill to amend the Internal Rev- S. 1850. A bill to amend the Energy Policy tation. enue Code of 1986 to allow a credit to encour- Act of 2005 to accelerate the availability of By Mr. VOINOVICH (for himself and age employers to offer flexible and phased various income tax credits providing incen- Ms. COLLINS): tives for energy incentive products and prac- work opportunities to older workers, to ex- S. 1838. A bill to provide for the sale, acqui- tices, and for other purposes; to the Com- pand the credit for dependent care expenses sition, conveyance, and exchange of certain mittee on Finance. to cover eldercare expenses, to extend real property in the District of Columbia to By Mr. SALAZAR: COBRA coverage for certain older workers facilitate the utilization, development, and who lose health insurance coverage due to a redevelopment of such property, and for S. 1851. A bill to amend section 30123 of reduction in work, to improve older workers’ other purposes; to the Committee on Home- title 49, United States Code, to require re- access to job training services, and for other land Security and Governmental Affairs. placement tires for passenger vehicles to purposes; to the Committee on Finance. By Mr. MARTINEZ (for himself and meet the standards required for tires on new By Mr. DEMINT (for himself, Mr. DUR- Mr. NELSON of Florida): vehicles; to the Committee on Commerce, BIN, and Mr. CORNYN): S. 1839. A bill to authorize additional Science, and Transportation. S. 1827. A bill to amend the Public Health judgeships for the middle district and south- By Mr. SALAZAR: Service Act to provide for the public disclo- ern district of Florida; to the Committee on S. 1852. A bill to amend the Internal Rev- sure of charges for certain hospital services the Judiciary. enue Code of 1986 to reduce the incentive to and drugs; to the Committee on Health, Edu- By Mr. THUNE (for himself and Mr. purchase larger and luxury motor vehicles; cation, Labor, and Pensions. BINGAMAN): to the Committee on Finance. By Mrs. CLINTON (for herself and Mr. S. 1840. A bill to amend section 340B of the By Mr. SALAZAR: ROBERTS): Public Health Service Act to increase the af- S. 1853. A bill to amend the National En- S. 1828. A bill to amend the Public Health fordability of inpatient drugs for Medicaid ergy Conservation Policy Act to require Fed- Service Act to improve and secure an ade- and safety net hospitals; to the Committee eral agencies to take certain actions to re- quate supply of influenza vaccine; to the on Finance. duce employee vehicle consumption, and for Committee on Health, Education, Labor, and By Mr. NELSON of Florida (for him- other purposes;to the Committee on Energy Pensions. self, Ms. STABENOW, and Mr. HARKIN): and Natural Resources. By Mr. DOMENICI (for himself and Mr. S. 1841. A bill to amend title XVIII of the By Mr. SALAZAR: BINGAMAN) (by request): Social Security Act to provide extended and S. 1854. A bill to prohibit price gouging for S. 1829. A bill to repeal certain sections of additional protection to Medicare bene- commodities and services sold during na- the Act of May 26, 1936, pertaining to the ficiaries who enroll for the Medicare pre- tional emergency situations; to the Com- Virgin Islands; to the Committee on Energy scription drug benefit during 2006; to the mittee on the Judiciary. and Natural Resources. Committee on Finance. By Mr. DOMENICI (for himself, Mr. By Ms. LANDRIEU: f BINGAMAN, and Mr. AKAKA) (by re- S. 1842. A bill to provide assistance to re- quest): build communities, schools, and hospitals S. 1830. A bill to amend the Compact of damaged by Hurricane Katrina or Hurricane SUBMISSION OF CONCURRENT AND Free Association Amendments Act of 2003, Rita, and for other purposes; to the Com- SENATE RESOLUTIONS and for other purposes; to the Committee on mittee on Health, Education, Labor, and Energy and Natural Resources. Pensions. The following concurrent resolutions By Mr. DOMENICI (for himself and Mr. By Mr. VITTER: and Senate resolutions were read, and BINGAMAN) (by request): S. 1843. A bill to establish a strong Federal referred (or acted upon), as indicated: S. 1831. A bill to convey certain submerged officer appointed by the President focused By Mr. JOHNSON (for himself, Mr. land to the Commonwealth of the Northern exclusively on the official and effective use THUNE, and Mr. LEVIN): Mariana Islands, and for other purposes; to of Federal resources in southeast Louisiana S. Res. 268. A resolution expressing the the Committee on Energy and Natural Re- for Hurricane Katrina recovery, and for sense of the Senate that a commemorative sources. other purposes; to the Committee on Home- postage stamp should be issued to honor By Mr. INHOFE (for himself and Mr. land Security and Governmental Affairs. sculptor Korczak Ziolkowski; to the Com- COBURN): By Mr. VITTER: mittee on Homeland Security and Govern- S. 1832. A bill to authorize the Secretary of S. 1844. A bill to provide for full and open mental Affairs. the Interior to lease oil and gas resources competition for Federal contracts related to By Mrs. BOXER: underlying Fort Reno, Oklahoma, to estab- Hurricane Katrina and Hurricane Rita recon- lish the Fort Reno Management Fund, and struction efforts; to the Committee on S. Res. 269. A resolution expressing the for other purposes; to the Committee on En- Homeland Security and Governmental Af- sense of the Senate that a ‘‘Welcome Home ergy and Natural Resources. fairs. Vietnam Veterans Day’’ should be estab- lished; to the Committee on Veterans’ Af- By Mr. CRAPO: By Mr. ENSIGN (for himself, Ms. MUR- fairs. S. 1833. A bill to amend title XIX of the So- KOWSKI, Mr. BURNS, Mr. CRAIG, Mr. By Mr. BAYH (for himself, Ms. cial Security Act to provide for health op- CRAPO, Mr. INHOFE, Mr. KYL, Mr. STABENOW, and Mr. SCHUMER): portunity accounts under the Medicaid Pro- SMITH, and Mr. STEVENS): gram; to the Committee on Finance. S. 1845. A bill to amend title 28, United S. Res. 270. A resolution expressing the By Mr. JEFFORDS (for himself, Mr. States Code, to provide for the appointment sense of the Senate that the International SARBANES, and Mr. DAYTON): of additional Federal circuit judges, to di- Monetary Fund should investigate whether S. 1834. A bill to authorize the Secretary of vide the Ninth Judicial Circuit of the United China is manipulating the rate of exchange the Department of Housing and Urban Devel- States into 2 circuits, and for other purposes; between the Chinese yuan and the United opment to make grants to States for afford- to the Committee on the Judiciary. States dollar; to the Committee on Foreign able housing for low-income persons, and for By Ms. LANDRIEU: Relations. other purposes; to the Committee on Bank- S. 1846. A bill to provide assistance to re- By Ms. STABENOW (for herself and ing, Housing, and Urban Affairs. build communities, schools, and hospitals Mr. LEVIN): By Mr. ALLARD (for himself and Mr. damaged by Hurricane Katrina or Hurricane S. Con. Res. 57. A concurrent resolution SALAZAR): Rita, and for other purposes; to the Com- recognizing the contributions of African- S. 1835. A bill to authorize the Secretary of mittee on Homeland Security and Govern- American basketball teams and players for Energy to purchase certain essential mineral mental Affairs. their achievements, dedication, and con- rights and resolve natural resource damage By Ms. LANDRIEU: tributions to the sport of basketball and the liability claims; to the Committee on Armed S. 1847. A bill to provide assistance to re- Nation; to the Committee on Commerce, Services. build hospitals damaged by Hurricane Science, and Transportation.

VerDate Aug 31 2005 03:44 Jan 08, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S06OC5.PT2 S06OC5 mmaher on PROD1PC70 with CONG-REC-ONLINE October 6, 2005 CONGRESSIONAL RECORD — SENATE S11213 ADDITIONAL COSPONSORS Carolina (Mr. GRAHAM) was added as a S. 1512 S. 191 cosponsor of S. 1294, a bill to amend the At the request of Mr. SARBANES, the At the request of Mr. SMITH, the Telecommunications Act of 1996 to pre- name of the Senator from Oklahoma name of the Senator from Rhode Island serve and protect the ability of local (Mr. COBURN) was added as a cosponsor (Mr. CHAFEE) was added as a cosponsor governments to provide broadband ca- of S. 1512, a bill to grant a Federal of S. 191, a bill to extend certain trade pability and services. charter to Korean War Veterans Asso- preferences to certain least-developed S. 1317 ciation, Incorporated. countries, and for other purposes. At the request of Mr. DODD, the name S. 1538 S. 211 of the Senator from Indiana (Mr. BAYH) At the request of Mr. ROCKEFELLER, At the request of Mrs. CLINTON, the was added as a cosponsor of S. 1317, a the name of the Senator from Nevada name of the Senator from Louisiana bill to provide for the collection and (Mr. REID) was added as a cosponsor of (Mr. VITTER) was added as a cosponsor maintenance of cord blood units for the S. 1538, a bill to amend the Internal of S. 211, a bill to facilitate nationwide treatment of patients and research, Revenue Code of 1986 to expand the in- availability of 2–1–1 telephone service and to amend the Public Health Serv- centives for the construction and ren- for information and referral on human ice Act to authorize the Bone Marrow ovation of public schools. services, volunteer services, and for and Cord Blood Cell Transplantation S. 1585 other purposes. Program to increase the number of At the request of Mr. BINGAMAN, the S. 595 transplants for recipients suitable name of the Senator from Hawaii (Mr. At the request of Mr. SANTORUM, the matched to donors of bone marrow and AKAKA) was added as a cosponsor of S. name of the Senator from New Mexico cord blood. 1585, a bill to amend title XIX of the (Mr. BINGAMAN) was added as a cospon- S. 1358 Social Security Act to reduce the costs sor of S. 595, a bill to amend the Inter- At the request of Mr. DURBIN, the of prescription drugs for enrollees of nal Revenue Code of 1986 to modify the name of the Senator from Wisconsin medicaid managed care organizations work opportunity credit and the wel- (Mr. FEINGOLD) was added as a cospon- by extending the discounts offered fare-to-work credit. sor of S. 1358, a bill to protect scientific under fee-for-service medicaid to such S. 722 integrity in Federal research and pol- organizations. At the request of Mr. SANTORUM, the icymaking. S. 1587 name of the Senator from Florida (Mr. S. 1388 At the request of Mr. BINGAMAN, the MARTINEZ) was added as a cosponsor of At the request of Ms. SNOWE, the name of the Senator from Maryland S. 722, a bill to amend the Internal name of the Senator from Virginia (Mr. (Ms. MIKULSKI) was added as a cospon- Revenue Code of 1986 to reduce the tax ALLEN) was added as a cosponsor of S. sor of S. 1587, a bill to amend title XXI on beer to its pre-1991 level. 1388, a bill to amend chapter 6 of title of the Social Security Act to permit S. 759 5, United States Code (commonly qualifying States to use a portion of At the request of Mr. SCHUMER, the known as the Regulatory Flexibility their allotments under the State chil- name of the Senator from California Act), to ensure complete analysis of po- dren’s health insurance program for (Mrs. BOXER) was added as a cosponsor tential impacts on small entities of any fiscal year for certain medicaid ex- of S. 759, a bill to amend the Internal rules, and for other purposes. penditures. Revenue Code of 1986 to make higher S. 1418 S. 1716 education more affordable, and for At the request of Mr. GRASSLEY, the other purposes. At the request of Mr. ENZI, the name of the Senator from West Virginia (Mr. name of the Senator from New York S. 769 BYRD) was added as a cosponsor of S. (Mr. SCHUMER) was added as a cospon- At the request of Ms. SNOWE, the 1418, a bill to enhance the adoption of sor of S. 1716, a bill to provide emer- name of the Senator from Oklahoma a nationwide interoperable health in- gency health care relief for survivors of (Mr. COBURN) was added as a cosponsor formation technology system and to Hurricane Katrina, and for other pur- of S. 769, a bill to enhance compliance improve the quality and reduce the poses. assistance for small businesses. costs of health care in the United S. 1721 S. 908 States. At the request of Mr. VOINOVICH, the At the request of Mr. MCCONNELL, names of the Senator from West Vir- the names of the Senator from Ne- S. 1440 ginia (Mr. BYRD) and the Senator from braska (Mr. HAGEL) and the Senator At the request of Mr. CRAPO, the West Virginia (Mr. ROCKEFELLER) were from Nebraska (Mr. NELSON) were names of the Senator from South Da- added as cosponsors of S. 1721, a bill to added as cosponsors of S. 908, a bill to kota (Mr. JOHNSON), the Senator from amend the Omnibus Parks and Public allow Congress, State legislatures, and New York (Mr. SCHUMER) and the Sen- Lands Management Act of 1996 to ex- regulatory agencies to determine ap- ator from Arizona (Mr. KYL) were tend the authorization for certain na- propriate laws, rules, and regulations added as cosponsors of S. 1440, a bill to tional heritage areas, and for other to address the problems of weight gain, amend title XVIII of the Social Secu- purposes. obesity, and health conditions associ- rity Act to provide coverage for cardiac ated with weight gain or obesity. rehabilitation and pulmonary rehabili- S. 1726 S. 1172 tation services. At the request of Mr. VITTER, the At the request of Mr. SPECTER, the S. 1504 name of the Senator from Louisiana name of the Senator from Illinois (Mr. At the request of Mr. ENSIGN, the (Ms. LANDRIEU) was added as a cospon- DURBIN) was added as a cosponsor of S. name of the Senator from Idaho (Mr. sor of S. 1726, a bill to designate the fa- 1172, a bill to provide for programs to CRAIG) was added as a cosponsor of S. cility of the United States Postal Serv- increase the awareness and knowledge 1504, a bill to establish a market driven ice located at 324 Main Street in Gram- of women and health care providers telecommunications marketplace, to bling, Louisiana, shall be known and with respect to gynecologic cancers. eliminate government managed com- designated as the ‘‘Coach Eddie Robin- S. 1236 petition of existing communication son Post Office Building’’. At the request of Mr. CRAPO, the service, and to provide parity between S. 1753 names of the Senator from Arkansas functionally equivalent services. At the request of Mr. DEMINT, the (Mrs. LINCOLN) and the Senator from S. 1507 name of the Senator from Maine (Ms. Connecticut (Mr. DODD) were added as At the request of Mr. BAUCUS, his SNOWE) was added as a cosponsor of S. cosponsors of S. 1236, a bill to ensure name was added as a cosponsor of S. 1753, a bill to establish a unified na- the availability of spectrum to ama- 1507, a bill to protect children from tional hazard alert system, and for teur radio operators. Internet pornography and support law other purposes. S. 1294 enforcement and other efforts to com- S. 1774 At the request of Mr. LAUTENBERG, bat Internet and pornography-related At the request of Mr. CORNYN, the the name of the Senator from South crimes against children. names of the Senator from Utah (Mr.

VerDate Mar 15 2010 20:27 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06OC5.PT2 S06OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11214 CONGRESSIONAL RECORD — SENATE October 6, 2005 BENNETT) and the Senator from Idaho COLLINS) was added as a cosponsor of the reason people decide to stay on the (Mr. CRAIG) were added as cosponsors of amendment No. 1881 intended to be pro- job, it’s time to change the way our S. 1774, a bill to amend the Public posed to S. 1042, an original bill to au- Nation thinks about retirement. A one- Health Service Act to provide for the thorize appropriations for fiscal year size-fits-all retirement will no longer expansion, intensification, and coordi- 2006 for military activities of the De- match the very different plans that nation of the activities of the National partment of Defense, for military con- seniors and baby boomers have for Heart, Lung, and Blood Institute with struction, and for defense activities of their later years. respect to research on pulmonary hy- the Department of Energy, to prescribe Rethinking retirement is also vital pertension. personnel strengths for such fiscal year to our Nation’s economic future. By S. 1787 for the Armed Forces, and for other 2030, businesses could face a labor force At the request of Mr. VITTER, the purposes. shortage of 35 million workers, and the name of the Senator from Mississippi AMENDMENT NO. 1911 projected slowdown in labor force (Mr. LOTT) was added as a cosponsor of At the request of Ms. SNOWE, the growth could translate into lower eco- S. 1787, a bill to provide bankruptcy re- name of the Senator from Rhode Island nomic growth and living standards. lief for victims of natural disasters, (Mr. CHAFEE) was added as a cosponsor However, we can soften the potentially and for other purposes. of amendment No. 1911 proposed to serious impact of these trends if we de- velop policies that expand opportuni- S. 1798 H.R. 2863, a bill making appropriations ties for older Americans to work At the request of Mr. CORZINE, the for the Department of Defense for the longer. names of the Senator from Illinois (Mr. fiscal year ending September 30, 2006, and for other purposes. Today, we are taking a first step by DURBIN) and the Senator from Wash- introducing The Older Worker Oppor- AMENDMENT NO. 1929 ington (Mrs. MURRAY) were added as tunity Act. This legislation addresses a cosponsors of S. 1798, a bill to amend At the request of Mr. LEVIN, the variety of issues that affect older titles XI and XVIII of the Social Secu- name of the Senator from Michigan workers and employers: workplace rity Act to prohibit outbound call tele- (Ms. STABENOW) was added as a cospon- flexibility, pensions, health insurance marketing to individuals eligible to re- sor of amendment No. 1929 proposed to coverage, job training, and caregiving ceive benefits under title XVIII of such H.R. 2863, a bill making appropriations needs. Back in April, as ranking mem- Act. for the Department of Defense for the ber of the Aging Committee, I chaired S. 1804 fiscal year ending September 30, 2006, a hearing on older workers which iden- At the request of Mrs. LINCOLN, the and for other purposes. tified barriers and disincentives to name of the Senator from Arkansas AMENDMENT NO. 2047 working longer. This legislation spe- (Mr. PRYOR) was added as a cosponsor At the request of Mr. NELSON of Flor- cifically targets those. of S. 1804, a bill to provide emergency ida, the names of the Senator from First, today’s workplace rarely offers assistance to agricultural producers Vermont (Mr. JEFFORDS), the Senator flexible and part-time work arrange- who have suffered losses as a result of from Nebraska (Mr. HAGEL), the Sen- ments for older workers. Most older drought, Hurricane Katrina, and other ator from South Dakota (Mr. JOHNSON) workers would choose to work past tra- natural disasters occurring during 2005, and the Senator from Delaware (Mr. ditional retirement age, but would pre- and for other purposes. BIDEN) were added as cosponsors of fer to gradually transition into retire- S. 1808 amendment No. 2047 intended to be pro- ment instead of fully retiring at a tra- At the request of Mr. BINGAMAN, the posed to H.R. 2863, a bill making appro- ditional retirement age. names of the Senator from New York priations for the Department of De- To encourage employers to offer (Mrs. CLINTON), the Senator from fense for the fiscal year ending Sep- flexible and part-time work arrange- Washington (Mrs. MURRAY), the Sen- tember 30, 2006, and for other purposes. ments, we propose a tax credit for em- ator from South Dakota (Mr. JOHNSON) f ployers that give their older workers such opportunities while protecting and the Senator from Minnesota (Mr. STATEMENTS ON INTRODUCED them from the loss of health or pension DAYTON) were added as cosponsors of S. BILLS AND JOINT RESOLUTIONS 1808, a bill to amend title XIX of the benefits. Our aim is to encourage more Social Security Act to improve the By Mr. KOHL (for himself and workplace flexibility, which would ben- qualified medicare beneficiary (OMB) Mr. DURBIN): efit both older workers and employers and specified low-income medicare ben- S. 1826. A bill to amend the Internal through increased productivity and job eficiary (SLMB) programs within the Revenue Code of 1986 to allow a credit retention. medicaid program. to encourage employers to offer flexi- Second, the bill provides an extra ble and phased work opportunities to S.J. RES. 25 safety net for older workers who reduce older workers, to expand the credit for their work but whose employers do not At the request of Mr. TALENT, the dependent care expenses to cover name of the Senator from Tennessee keep them on their health plan. In eldercare expenses, to extend COBRA those cases, of course, the employer (Mr. ALEXANDER) was added as a co- coverage for certain older workers who sponsor of S.J. Res. 25, a joint resolu- would not qualify for the tax credit we lose health insurance coverage due to a tion proposing an amendment to the are offering. However, we would extend reduction in work, to improve older Constitution of the United States to COBRA coverage from 18 to 36 months workers’ access to job training serv- authorize the President to reduce or for their workers from the age of 62 ices, and for other purposes; to the disapprove any appropriation in any until they are eligible for Medicare. Committee on Finance. Third, one major reason why older bill presented by Congress. Mr. KOHL. Mr. President, I rise workers exit the workforce is the need S. RES. 180 today to discuss an issue that will to care for aging family members. At the request of Mr. SCHUMER, the greatly affect our Nation’s aging popu- Older workers who are also caregivers name of the Senator from California lation, workforce, and economy: the often face a significant loss of earnings (Mrs. FEINSTEIN) was added as a co- need to expand opportunities for older and retirement income, and their em- sponsor of S. Res. 180, a resolution sup- Americans to continue working into ployers lose up to $29 billion per year porting the goals and ideals of a Na- their later years if they so choose. in lost work time and productivity. To tional Epidermolysis Bullosa Aware- As older Americans live longer and help older workers balance the de- ness Week to raise public awareness healthier lives, many are planning to mands of work and caregiving, and to and understanding of the disease and to work longer. According to a recent sur- help employers by increasing produc- foster understanding of the impact of vey, 80 percent of baby boomers expect tivity and reducing turnover costs, we the disease on patients and their fami- to work past traditional retirement propose expanding the dependent care lies. age. Some may recognize the physical credit to cover the care of chronically AMENDMENT NO. 1881 and mental benefits of work, while ill family members. At the request of Ms. SNOWE, the some may need the additional income Fourth, as GAO has found, job train- name of the Senator from Maine (Ms. to remain financially secure. Whatever ing programs are often discouraged

VerDate Mar 15 2010 20:27 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06OC5.PT2 S06OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 6, 2005 CONGRESSIONAL RECORD — SENATE S11215 from enrolling older workers because TITLE II—COBRA CONTINUATION qualified wages which may be taken into ac- their effectiveness is measured in part COVERAGE count with respect to any individual shall by participants’ earnings. Older work- Sec. 201. Extended COBRA continuation cov- not exceed $6,000 per year. erage for certain older workers. ‘‘(d) FORMAL FLEXIBLE WORK PROGRAM.— ers tend to seek part-time work and re- For purposes of this section— TITLE III—EMPLOYMENT AND TRAINING ceive lower earnings when they get new ‘‘(1) IN GENERAL.—The term ‘formal flexible jobs. As a result, older workers do not Sec. 301. Definitions. work program’ means a program of an eligi- have access to the training services Sec. 302. Statewide employment and train- ble employer— they need to develop their techno- ing activities. ‘‘(A) which consists of core time and flex Sec. 303. Local employment and training ac- time, logical skills and increase their pro- tivities. ductivity. We propose adjusting older ‘‘(B) under which core time does not ex- Sec. 304. Performance measures. ceed— workers’ lower earnings when meas- Sec. 305. Reporting. ‘‘(i) 20 hours per week, uring the success of job training pro- Sec. 306. Incentive grants. ‘‘(ii) 3 days per week, or grams in order to more accurately re- TITLE IV—FEDERAL TASK FORCE ON ‘‘(iii) 1,000 hours per year, and flect the value of job training programs OLDER WORKERS ‘‘(C) which meets the requirements of sub- to the older workforce. We also ask Sec. 401. Federal task force on older work- section (f). states to collect more data on the suc- ers. ‘‘(2) CORE TIME.—The term ‘core time’ means the specific time— cess of our current job training pro- TITLE I—TAX INCENTIVES ‘‘(A) during which an employee is required grams in meeting the unique needs of SEC. 101. TAX CREDIT FOR OLDER WORKERS IN to perform services related to employment, older workers. FLEXIBLE AND PHASED WORK PRO- and GRAMS. Fifth, it is clear that the barriers ‘‘(B) which is determined by the employer. (a) Congress finds that— this bill addresses are not the only bar- ‘‘(3) FLEX TIME.—The term ‘flex time’ (1) most older workers expect to work past riers facing older workers. This bill is means the time other than core time— traditional retirement age; ‘‘(A) during which an employee is required just the beginning. Therefore, we pro- (2) most older workers would prefer not to to perform services related to employment, pose a ‘‘Task Force on Older Workers,’’ work a traditional full-time schedule; and composed of experts from all relevant (3) older workers’ preference for flexible ‘‘(B) which is determined at the election of and phased work is not matched by opportu- federal agencies, to further identify the employee. barriers and disincentives in current nities currently offered by employers; ‘‘(e) FORMAL PHASED WORK PROGRAM.—For law, and recommend solutions. (4) many older workers would choose to purposes of this section, the term ‘formal We face an historic challenge, and work longer if they were offered flexible and phased work program’ means— with it, an historic opportunity. We phased work opportunities, which would also ‘‘(1) a program of an eligible employer— reduce employer costs by increasing em- need a 21st century workplace that is a ‘‘(A) under which the employer and an em- ployee retention; and ployee enter into an agreement, in good win-win for both older workers and (5) many older workers would like to their employers—and an effective faith, that the employee’s work schedule will gradually transition into retirement instead be no more than 80 percent of the work strategy for retaining our competitive of taking full retirement immediately. schedule of a similarly situated full-time advantage against other countries fac- (b) FLEXIBLE AND PHASED WORK CREDIT.— employee, and ing the same demographic tidal wave. Subpart D of part IV of subchapter A of ‘‘(B) which meets the requirements of sub- We need to usher in a new age of work chapter 1 of the Internal Revenue Code of section (f), or and retirement in which seniors are 1986 (relating to business related credits) is ‘‘(2) any phased retirement program of an amended by adding at the end the following eligible employer which— not limited to a choice between one or new section: the other. We need to empower seniors ‘‘(A) is authorized by the Secretary, and ‘‘SEC. 45N. FLEXIBLE AND PHASED WORK CREDIT. to make the continued contributions ‘‘(B) meets the requirements of subsection ‘‘(a) IN GENERAL.—For purposes of section (f). we all know they can to our economy 38, in the case of an eligible employer, the ‘‘(f) REQUIREMENTS.—A program shall not and our communities. flexible and phased work credit determined be considered a formal flexible work program Many older Americans and employers under this section for the taxable year shall or a formal phased work program under this have already begun to pave the way. be equal to 40 percent of the qualified wages section unless such program meets the fol- More older Americans are willing and for such year. lowing requirements: able to continue making a contribution ‘‘(b) ELIGIBLE EMPLOYER.—For purposes of ‘‘(1) DURATION OF PROGRAM.—The program to the workplace and our economy, and this section, the term ‘eligible employer’ shall allow for participation for a period of means an employer which— at least 1 year. more employers are beginning to rec- ‘‘(1) maintains a qualified trust (within the ‘‘(2) NO CHANGE IN HEALTH BENEFITS.—With ognize the value of older workers. We meaning of section 401(a)), and respect to a participant whose work schedule must incorporate this new mindset ‘‘(2) provides health insurance coverage (as is no less than 20 percent of the work sched- into our national culture, and develop defined in section 9832(b)(1)(A)) to employees ule of a similarly situated full-time em- policies that reflect this reality. Our and pays no less than 60 percent of the cost ployee— seniors deserve it, and our economic fu- of such health insurance coverage with re- ‘‘(A) such participant shall be entitled to ture may well depend on it. spect to each full-time employee receiving the same health insurance coverage to which Mr. President, I ask unanimous con- such coverage. a similarly situated full-time employee sent that the text of the bill be printed ‘‘(c) QUALIFIED WAGES DEFINED.—For pur- would be entitled, poses of this section— ‘‘(B) the employer shall contribute the in the RECORD, and that the attached ‘‘(1) QUALIFIED WAGES.—The term ‘qualified same percentage of the cost of health insur- letters of endorsement also be printed wages’ means the wages paid or incurred by ance coverage for such participant as the in the RECORD. an eligible employer during the taxable year employer would contribute for a similarly There being no objection, the mate- to individuals whom at the time such wages situated full-time employee, and rial was ordered to be printed in the are paid or incurred— ‘‘(C) such participant shall be entitled to RECORD, as follows: ‘‘(A) have attained the age of 591⁄2, and participate in a retiree health benefits plan S. 1826 ‘‘(B) are participating in a formal flexible of the employer in the same manner as a work program or a formal phased work pro- similarly situated full-time employee, except Be it enacted by the Senate and House of Rep- gram. that service credited under the plan for any resentatives of the United States of America in ‘‘(2) WAGES.— plan year shall be equal to the ratio of the Congress assembled, ‘‘(A) IN GENERAL.—The term ‘wages’ has participant’s work schedule during such year SECTION 1. SHORT TITLE; TABLE OF CONTENTS. the meaning given such term by subsection to the work schedule of a similarly situated (a) SHORT TITLE.—This Act may be cited as (b) of section 3306 (determined without re- full-time employee during such year. the ‘‘Older Worker Opportunity Act’’. gard to any dollar limitation contained in ‘‘(3) NO REDUCTION IN PENSION BENEFITS.— (b) TABLE OF CONTENTS.—The table of con- such section). ‘‘(A) DEFINED BENEFIT PLANS.— tents of this Act is as follows: ‘‘(B) OTHER RULES.—Rules similar to the ‘‘(i) A participant shall be entitled to par- Sec. 1. Short title; table of contents. rules of paragraph (2) and (3) of section 51(c) ticipate in a defined benefit plan (within the TITLE I—TAX INCENTIVES shall apply for purposes of this section. meaning of section 414(j)) of the employer in Sec. 101. Tax credit for older workers in ‘‘(C) TERMINATION.—The term ‘wages’ shall the same manner as a similarly situated full- flexible and phased work pro- not include any amount paid or incurred to time employee. grams. an individual after December 31, 2010. ‘‘(ii) Service credited to a participant Sec. 102. Expansion of dependent care credit ‘‘(3) ONLY FIRST $6,000 OF WAGES PER YEAR under the plan for any plan year shall be to eldercare expenses. TAKEN INTO ACCOUNT.—The amount of the equal to the ratio of the participant’s work

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schedule during such year to the work sched- (b) EXPENSES FOR CARE OUTSIDE OF HOUSE- the date on which the employee becomes en- ule of a similarly situated full-time em- HOLD.— titled to benefits under title XVIII of the So- ployee during such year. (1) IN GENERAL.—Subparagraph (B) of sec- cial Security Act based on age. ‘‘(iii) If the plan uses final average earn- tion 21(b)(2) of the Internal Revenue Code of ‘‘(II) EMPLOYEE DESCRIBED.—An employee ings to determine benefits, final average 1986 is amended by striking ‘‘or’’ at the end is described in this subclause if such em- earnings of the participant shall be no less of clause (i), by redesignating clause (ii) as ployee, on the date of the qualifying event, is than such earnings were before the partici- clause (iii), and by inserting after clause (i) at least the early retirement age (as defined pant entered the program. the following new clause: in section 216(l)(2) of the Social Security ‘‘(B) DEFINED CONTRIBUTION PLANS.—A par- ‘‘(ii) a qualifying individual described in Act) but not yet entitled to benefits under ticipant shall be entitled to participate in a paragraph (1)(D), or’’. title XVIII of the Social Security Act based defined contribution plan (within the mean- (2) CONFORMING AMENDMENT.—Clause (iii) of on age.’’; and ing of section 414(i)) of the employer in the section 21(b)(2)(B), as redesignated by para- (2) in paragraph (3), by adding at the end same manner as a similarly situated full- graph (1), is amended by striking ‘‘paragraph the following: ‘‘In the case of an individual time employee, and the employer shall (1)(A)’’ and inserting ‘‘subparagraph (A) or described in paragraph (2)(A)(v), any ref- match the participant’s contributions at the (D) of paragraph (1)’’. erence in subparagraph (A) of this paragraph same rate that the employer would match (c) CONFORMING AMENDMENTS.— to ‘102 percent’ is deemed a reference to ‘120 the contributions of a similarly situated full- (1) The heading of section 21 of the Internal percent’ for any month after the 18th month time employee. Revenue Code of 1986 is amended by striking of continuation coverage provided for under ‘‘(C) NO FORFEITURE OF PENSION BENEFITS.— ‘‘AND DEPENDENT CARE SERVICES’’ and such paragraph (2)(A)(v).’’. The pension benefits of a participant shall inserting ‘‘, DEPENDENT CARE, AND (c) AMENDMENTS TO THE INTERNAL REVENUE not be forfeited under the rules of section ELDERCARE SERVICES’’. CODE OF 1986.—Section 4980B(f) of the Inter- 411(a)(3)(B) or section 203(a)(3)(B) of the Em- (2) The item relating to section 21 in the nal Revenue Code of 1986 is amended— ployee Retirement Income Security Act of table of sections for subpart A of part IV of (1) in paragraph (2)(B)(i), by inserting after 1974 with respect to a participant who has at- subchapter A of chapter 1 of such Code is subclause (V) the following: tained normal retirement age as of the end amended striking ‘‘and dependent care serv- ‘‘(VI) SPECIAL RULE FOR CERTAIN OLDER of the plan year. ices’’ and inserting ‘‘, dependent care, and WORKERS.— ‘‘(aa) IN GENERAL.—Notwithstanding any ‘‘(4) NONDISCRIMINATION RULE.—Eligibility eldercare services’’. other provision of this clause, in the case of to participate in the program shall not dis- (d) EFFECTIVE DATE.—The amendments a qualifying event described in paragraph criminate in favor of highly compensated made by this section shall apply to taxable (3)(B) relating to a reduction of hours of an employees (within the meaning of section years beginning after December 31, 2005. employee described in item (bb), the date 414(q)). TITLE II—COBRA CONTINUATION which is 36 months after the date of the ‘‘(g) CERTAIN INDIVIDUALS INELIGIBLE.—For COVERAGE purposes of this section, rules similar to the qualifying event, except that the period of rules of paragraphs (1) and (2) of section 51(i) SEC. 201. EXTENDED COBRA CONTINUATION COV- coverage under this clause shall end on the ERAGE FOR CERTAIN OLDER WORK- date on which the employee becomes enti- and section 52 shall apply. ERS. ‘‘(h) REGULATIONS.—The Secretary may tled to benefits under title XVIII of the So- (a) AMENDMENTS TO THE EMPLOYEE RETIRE- prescribe such regulations as are necessary cial Security Act based on age. to carry out the purposes of this section, in- MENT INCOME SECURITY ACT OF 1974.—Section ‘‘(bb) EMPLOYEE DESCRIBED.—An employee cluding simplified rules to satisfy the re- 602 of the Employee Retirement Income Se- is described in this subclause if such em- quirements of subsection (f)(3)(C) taking into curity Act of 1974 (29 U.S.C. 1162) is amend- ployee, on the date of the qualifying event, is account the requirements of section 411 and ed— at least the early retirement age (as defined section 203 of the Employee Retirement In- (1) in paragraph (2)(A), by adding at the in section 216(l)(2) of the Social Security come Security Act of 1974.’’. end the following: Act) but not yet entitled to benefits under (c) CREDIT MADE PART OF GENERAL BUSI- ‘‘(vi) SPECIAL RULE FOR CERTAIN OLDER title XVIII of the Social Security Act based NESS CREDIT.—Subsection (b) of section 38 of WORKERS.— on age.’’; and the Internal Revenue Code of 1986 is amended ‘‘(I) IN GENERAL.—Notwithstanding any (2) in paragraph (2)(C) by adding at the end by striking ‘‘and’’ at the end of paragraph other provision of this subparagraph, in the the following: ‘‘In the case of an individual (25), by striking the period at the end of case of a qualifying event described in sec- described in subparagraph (B)(i)(VI), any ref- paragraph (26) and inserting ‘‘, plus’’, and by tion 603(2) relating to a reduction of hours of erence in clause (i) of this subparagraph to adding at the end the following new para- an employee described in subclause (II), the ‘102 percent’ is deemed a reference to ‘120 graph: date which is 36 months after the date of the percent’ for any month after the 18th month ‘‘(27) the flexible and phased work credit qualifying event, except that the period of of continuation coverage provided for under determined under section 45N(a).’’. coverage under this clause shall end on the such subparagraph (B)(i)(VI).’’. (d) NO DOUBLE BENEFIT.—Subsection (a) of date on which the employee becomes enti- TITLE III—EMPLOYMENT AND TRAINING section 280C of the Internal Revenue Code of tled to benefits under title XVIII of the So- SEC. 301. DEFINITIONS. 1986 is amended by inserting ‘‘45N(a),’’ after cial Security Act based on age. Section 101 of the Workforce Investment ‘‘45A(a),’’. ‘‘(II) EMPLOYEE DESCRIBED.—An employee Act of 1998 (29 U.S.C. 2801) is amended— (e) CLERICAL AMENDMENT.—The table of is described in this subclause if such em- (1) by redesignating paragraphs (17) sections for subpart D of part IV of sub- ployee, on the date of the qualifying event, is through (53) as paragraphs (18) through (54), chapter A of chapter 1 of the Internal Rev- at least the early retirement age (as defined respectively; and enue Code of 1986 is amended by adding at in section 216(l)(2) of the Social Security (2) by inserting after paragraph (16) the fol- the end the following new item: Act) but not yet entitled to benefits under lowing: ‘‘Sec. 45N. Flexible and phased work cred- title XVIII of the Social Security Act based ‘‘(17) HARD-TO-SERVE POPULATIONS.—The it.’’. on age.’’; and term ‘hard-to-serve populations’ means pop- (f) EFFECTIVE DATE.—The amendments (2) in paragraph (3), by adding at the end ulations of individuals who are hard to serve, made by this section shall apply to wages the following: ‘‘In the case of an individual including displaced homemakers, low-income paid after December 31, 2005. described in paragraph (2)(A)(vi), any ref- individuals, Native Americans, individuals SEC. 102. EXPANSION OF DEPENDENT CARE erence in subparagraph (A) of this paragraph with disabilities, older individuals, ex-of- CREDIT TO ELDERCARE EXPENSES. to ‘102 percent’ is deemed a reference to ‘120 fenders, homeless individuals, individuals (a) IN GENERAL.—Paragraph (1) of section percent’ for any month after the 18th month with limited English proficiency, individuals 21(b) of the Internal Revenue Code of 1986 (re- of continuation coverage provided for under who do not meet the definition of literacy in lating to qualifying individual) is amended such paragraph (2)(A)(vi).’’. section 203, individuals facing substantial by striking ‘‘or’’ at the end of subparagraph (b) AMENDMENTS TO THE PUBLIC HEALTH cultural barriers, migrant and seasonal (B), by striking the period at the end of sub- SERVICE ACT.—Section 2202 of the Public farmworkers, individuals within 2 years of paragraph (C) and inserting ‘‘, or’’, and by Health Service Act (42 U.S.C. 300bb–2) is exhausting lifetime eligibility under part A adding at the end the following new subpara- amended— of title IV of the Social Security Act (42 graph: (1) in paragraph (2)(A), by inserting after U.S.C. 601 et seq.), single parents (including ‘‘(D) an individual who— clause (iv) the following: single pregnant women), and such other ‘‘(i) has attained retirement age (as defined ‘‘(v) SPECIAL RULE FOR CERTAIN OLDER groups as the Governor determines to be in section 216(l)(1) of the Social Security WORKERS.— hard to serve.’’. Act) before the end of the taxable year of the ‘‘(I) IN GENERAL.—Notwithstanding any SEC. 302. STATEWIDE EMPLOYMENT AND TRAIN- taxpayer, other provision of this subparagraph, in the ING ACTIVITIES. ‘‘(ii) is the spouse of the taxpayer or has a case of a qualifying event described in sec- Section 134(a)(3)(A) of such Act (29 U.S.C. relationship to the taxpayer described in tion 2203(2) relating to a reduction of hours 2864 (a)(3)(A)) is amended— subparagraph (B), (C), (D), (F), or (G) of sec- of an employee described in subclause (II), (1) in clause (vi), by striking ‘‘and’’ at the tion 152(d)(2), and the date which is 36 months after the date of end; ‘‘(iii) is a chronically ill individual (within the qualifying event, except that the period (2) by redesignating clause (vii) as clause the meaning of section 7702B(c)(2)).’’. of coverage under this clause shall end on (viii); and

VerDate Mar 15 2010 20:27 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06OC5.PT2 S06OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 6, 2005 CONGRESSIONAL RECORD — SENATE S11217 (3) by inserting after clause (vi) the fol- adults or dislocated workers are willing to measures relating to earnings, a State may lowing: commute or relocate; use documented data other than quarterly ‘‘(vii) developing strategies for effectively ‘‘(III) who meet the requirements of sub- wage records to determine the work schedule serving hard-to-serve populations and for co- paragraph (B); and of the older individuals, and may impute ordinating programs and services among ‘‘(IV) who are determined to be eligible in full-time earnings to part-time workers who one-stop partners; and’’. accordance with the priority system in effect are older individuals.’’. SEC. 303. LOCAL EMPLOYMENT AND TRAINING under subparagraph (E). SEC. 305. REPORTING. ACTIVITIES. ‘‘(ii) CONSIDERATION.—For purposes of de- Section 136(d)(2) of such Act (29 U.S.C. (a) INTENSIVE SERVICES.—Section 134(d)(3) termining whether an adult or dislocated 2871(d)(2)) is amended— of such Act (29 U.S.C. 2864(d)(3)) is amended worker meets the requirements of clause (1) in subparagraph (E), by striking ‘‘(ex- by striking subparagraph (A) and inserting (i)(I)(aa), a one-stop operator or one-stop cluding participants who received only self- the following: partner shall consider whether the adult or service and informational activities)’’; and ‘‘(A) IN GENERAL.— dislocated worker is a member of a hard-to- (2) in subparagraph (F)— ‘‘(i) ELIGIBILITY.—Except as provided in serve population. (A) by striking ‘‘(F)’’ and inserting clause (iii), funds allocated to a local area ‘‘(iii) SPECIAL RULE.—A new interview, ‘‘(F)(i)’’; for adults under paragraph (2)(A) or (3), as evaluation, or assessment of a participant is (B) by striking the period and inserting ‘‘; appropriate, of section 133(b), and funds allo- not required under clause (i) if the one-stop and’’; and cated to the local area for dislocated workers operator or one-stop partner determines that (C) by adding at the end the following: under section 133(b)(2)(B), shall be used to it is appropriate to use a recent assessment ‘‘(ii) the number of participants in each of provide intensive services to adults and dis- of the participant conducted pursuant to an- the groups described in clause (i) who have located workers, respectively— other education or training program.’’. received services authorized under this title, ‘‘(I) who are unemployed and who, after an (c) LOCAL EMPLOYMENT AND TRAINING AC- in the form of core services described in sec- interview, evaluation, or assessment, have TIVITIES.—Section 134(e)(1)(A) of such Act (29 tion 134(d)(2), intensive services described in been determined by a one-stop operator or U.S.C. 2864(e)(1)(A)) is amended— section 134(d)(3), training services described one-stop partner to be— (1) in subparagraph (A), by striking ‘‘and’’ in section 134(d)(4), and followup services, re- ‘‘(aa) unlikely or unable to obtain employ- at the end; spectively;’’. ment, that leads to self-sufficiency or wages (2) in subparagraph (B), by striking the pe- SEC. 306. INCENTIVE GRANTS. comparable to or higher than previous em- riod and inserting ‘‘; and’’; and (a) USE OF FUNDS FOR STATEWIDE EMPLOY- ployment, through core services described in (3) by adding at the end the following: MENT AND TRAINING ACTIVITIES.—Section paragraph (2); and ‘‘(C) customer support to enable members 134(a)(2)(B) of the Workforce Investment Act of 1998 (29 U.S.C. 2864(a)(2)(B)) is amended— ‘‘(bb) in need of intensive services to ob- of hard-to-serve populations, including indi- (1) in clause (v), by striking ‘‘and’’ at the tain employment that leads to self-suffi- viduals with disabilities, to navigate among end; ciency or wages comparable to or higher multiple services and activities for such pop- (2) in clause (vi), by striking the period and than previous employment; or ulations.’’. inserting ‘‘; and’’; and ‘‘(II) who are employed, but who, after an SEC. 304. PERFORMANCE MEASURES. (3) by adding at the end the following: interview, evaluation, or assessment, are de- (a) STATE PERFORMANCE MEASURES.—Sec- ‘‘(vii) providing incentive grants to local termined by a one-stop operator or one-stop tion 136(b)(3)(A)(iv)(II) of the Workforce In- areas, in accordance with section 136(j).’’. partner to be in need of intensive services to vestment Act of 1998 (29 U.S.C. (b) INCENTIVE GRANTS FOR LOCAL AREAS.— obtain or retain employment that leads to 2871(b)(3)(A)(iv)(II)) is amended— Section 136 of such Act is amended by adding self-sufficiency. (1) by striking ‘‘taking into account’’ and at the end the following: ‘‘(ii) CONSIDERATION.—For purposes of de- inserting ‘‘and shall ensure that the levels ‘‘(j) INCENTIVE GRANTS FOR LOCAL AREAS.— termining whether an adult or dislocated involved are adjusted, using objective statis- ‘‘(1) IN GENERAL.—From funds reserved worker meets the requirements of clause tical methods, based on’’; under sections 128(a) and 133(a)(1), the Gov- (i)(I)(aa), a one-stop operator or one-stop (2) by inserting ‘‘(such as differences in un- ernor involved shall award incentive grants partner shall consider whether the adult or employment rates and job losses or gains in to local areas for performance described in dislocated worker is a member of a hard-to- particular industries)’’ after ‘‘economic con- paragraph (2) in carrying out programs under serve population. ditions’’; and chapters 4 and 5. ‘‘(iii) SPECIAL RULE.—A new interview, (3) by inserting ‘‘(such as indicators of poor ‘‘(2) BASIS.—The Governor shall award the evaluation, or assessment of a participant is work history, lack of work experience, lack grants on the basis that the local areas— not required under clause (i) if the one-stop of educational or occupational skills attain- ‘‘(A) have exceeded the performance meas- operator or one-stop partner determines that ment, dislocation from high-wage and ben- ures established under subsection (c)(2) re- it is appropriate to use a recent assessment efit employment, low levels of literacy or lating to indicators described in subsection of the participant conducted pursuant to an- English proficiency, disability status, older (b)(3)(A)(iii); or other education or training program.’’. individual status, homelessness, ex-offender ‘‘(B) have— (b) TRAINING SERVICES.—Section 134(d)(4) of status, and welfare dependency)’’ after ‘‘pro- ‘‘(i) met the performance measures estab- such Act (29 U.S.C. 2864(d)(4)) is amended by gram’’. lished under subsection (c)(2) relating to in- striking subparagraph (A) and inserting the (b) LOCAL PERFORMANCE MEASURES.—Sec- dicators described in subsection (b)(3)(A)(iii); following: tion 136(c)(3) (29 U.S.C. 2871(c)(3))— and ‘‘(A) IN GENERAL.— (1) by striking ‘‘shall take into account’’ ‘‘(ii) demonstrated exemplary performance ‘‘(i) ELIGIBILITY.—Except as provided in and inserting ‘‘shall ensure that the levels in the State in serving hard-to-serve popu- clause (iii), funds allocated to a local area involved are adjusted, using objective statis- lations. for adults under paragraph (2)(A) or (3), as tical methods, based on’’; ‘‘(3) USE OF FUNDS.—The funds awarded to appropriate, of section 133(b), and funds allo- (2) by inserting ‘‘(characteristics such as a local area under this subsection may be cated to the local area for dislocated workers unemployment rates and job losses or gains used to carry out activities authorized for under section 133(b)(2)(B), shall be used to in particular industries)’’ after ‘‘economic’’; local areas and such innovative projects or provide training services to adults and dis- and programs that increase coordination and en- located workers, respectively— (3) by inserting ‘‘(characteristics such as hance service to program participants, par- ‘‘(I) who, after an interview, evaluation, or indicators of poor work history, lack of work ticularly hard-to-serve populations, as may assessment, and case management, have experience, lack of educational and occupa- be approved by the Governor.’’. been determined by a one-stop operator or tional skills attainment, dislocation from (c) INCENTIVE GRANTS FOR STATES.—Sec- one-stop partner, as appropriate, to— high-wage and benefit employment, low lev- tion 503 of the Workforce Investment Act of ‘‘(aa) be unlikely or unable to obtain or re- els of literacy or English proficiency, dis- 1998 (20 U.S.C. 9273) is amended— tain employment, that leads to self-suffi- ability status, older individual status, home- (1) by striking subsection (a) and inserting ciency or wages comparable to or higher lessness, ex-offender status, and welfare de- the following: than previous employment, through the in- pendency)’’ after ‘‘demographic’’. ‘‘(a) IN GENERAL.— tensive services described in paragraph (3); (c) WAGE RECORDS AND DOCUMENTED ‘‘(1) TIMELINE.— ‘‘(bb) be in need of training services to ob- DATA.—Section 136(f)(2) of such Act (29 ‘‘(A) PRIOR TO JULY 1, 2006.—Prior to July 1, tain or retain employment that leads to self- U.S.C. 2871(f)(2)) is amended— 2006, the Secretary shall award a grant to sufficiency or wages comparable to or higher (1) by striking ‘‘(2)’’ and all that follows each State in accordance with the provisions than previous employment; and through ‘‘In’’ and inserting the following: of this section as this section was in effect ‘‘(cc) have the skills and qualifications to ‘‘(2) WAGE RECORDS AND DOCUMENTED on July 1, 2003. successfully participate in the selected pro- DATA.— ‘‘(B) BEGINNING JULY 1, 2006.—Beginning on gram of training services; ‘‘(A) WAGE RECORDS.—In’’; and July 1, 2006, the Secretary shall award incen- ‘‘(II) who select programs of training serv- (2) by adding at the end the following: tive grants to States for performance de- ices that are directly linked to the employ- ‘‘(B) DOCUMENTED DATA.—In measuring the scribed in paragraph (2) in carrying out inno- ment opportunities in the local area or re- progress of the State with respect to older vative programs consistent with the pro- gion involved or in another area to which the individuals on State and local performance grams under chapters 4 and 5 of subtitle B of

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title I, to implement or enhance innovative (3) REPORT.—The Task Force shall submit PATRICIA DELMENHORST, and coordinated programs consistent with a report to Congress on the activities of the Employment Services the statewide economic, workforce, and edu- Task Force pursuant to paragraph (1). Such Director. cational interests of the State. report shall be made available to the public. ‘‘(2) BASIS.—The Secretary shall award the (d) CONSULTATION.—In carrying out activi- GOODWILL INDUSTRIES grants on the basis that States— ties pursuant to this section, the Task Force OF SOUTHEASTERN WISCONSIN, INC., ‘‘(A) have exceeded the State adjusted lev- shall consult with senior, business, labor, Milwaukee, WI, September 29, 2005. els of performance for title I, the adjusted and other interested organizations. Hon. HERB KOHL, levels of performance for title II, and the lev- (e) APPLICABILITY OF FACA; TERMINATION U.S. Senate els of performance under the Carl D. Perkins OF TASK FORCE.— Washington, DC. Vocational and Technical Education Act of (1) FACA.—The Federal Advisory Com- DEAR SENATOR KOHL: Goodwill Industries 1998 (20 U.S.C. 2301 et seq.); or mittee Act (5 U.S.C. App.) shall not apply to of Southeastern Wisconsin, Inc. (Goodwill) is ‘‘(B) have— the Task Force established pursuant to this pleased to support your Older Workers Act of ‘‘(i) met the State adjusted levels of per- Act. 2005. formance for title I, the adjusted levels of (2) TERMINATION.—The Task Force shall As you may know, Goodwill has a long his- performance for title II, and the levels of terminate 30 days after the date the Task tory of supporting and promoting older performance under the Carl D. Perkins Voca- Force completes all of its duties under this workers. Our designation as an ‘‘Elder tional and Technical Education Act of 1998 Act. Friendly Workplace’’ with the Wisconsin De- (20 U.S.C. 2301 et seq.); and partment of Workforce Development, dem- ‘‘(ii) demonstrated exemplary performance INTERFAITH, onstrates our commitment to this remark- in serving hard-to-serve populations. Milwaukee, WI, September 29, 2005. able group of workers. ‘‘(3) USE OF FUNDS.—The funds awarded to Hon. HERB KOHL, Goodwill, as a leader in the area of work- a State under this section may be used to U.S. Senate, Hart Senate Office Building, force development and training, recognizes carry out activities authorized for States Washington, DC. that the nation’s workforce is about to expe- under chapters 4 and 5 of subtitle B of title DEAR SENATOR KOHL: It is a privilege to rience a major change. As the ‘‘boomers’’ I, title II, and the Carl D. Perkins Vocational support Senator Kohl’s proposed ‘‘Older move closer to retirement, employers across and Technical Education Act of 1998 (20 Worker Opportunity Act of 2005.’’ As an the nation will need to find creative ways to U.S.C. 2301 et seq.), including demonstration agency that has been providing employment keep these individuals engaged. Your pro- projects, and for such innovative projects or services to older workers for over 25 years, posed legislation offers many viable solu- programs that increase coordination and en- Interfaith Older Adult Programs has first tions that would encourage both employers hance service to program participants, par- hand knowledge of the value of retaining and older workers to continue their relation- ticularly hard-to-serve populations.’’; and older workers in the workplace. As stated in ship well past the customary retirement age. (2) in subsection (b)(2), by striking sub- the Act, our country is facing a great labor Thank you for recognizing and supporting paragraph (C) and inserting the following: shortage. Terry Ludeman, Chief Economist the tremendous value of the older worker. ‘‘(C) the State meets the requirements of for the State of Wisconsin, has estimated Goodwill is pleased to support you in this ef- subparagraph (A) or (B) of subsection that in our State by 2017 there will not be fort. (a)(2).’’. enough 18-year-olds to replace workers turn- Sincerely, ing 65. JOHN L. MILLER, TITLE IV—FEDERAL TASK FORCE ON The proposed tax credit would provide in- President and C.E.O. OLDER WORKERS centive to encourage employers to offer SEC. 401. FEDERAL TASK FORCE ON OLDER more flexibility in the workplace and en- AGEADVANTAGE, INC., WORKERS. courage support for older individuals who Madison, WI, October 1, 2005. (a) ESTABLISHMENT.—Not later than 90 days want to stay in the workforce longer. It will Hon. HERB KOHL, after the date of enactment of this Act, the also allow work/life balance that is a very U.S. Senate, Hart Senate Office Building, Secretary of Labor shall establish a Federal important value to individuals as they age. Washington, DC. Task Force on Older Workers (referred to in Extended COBRA coverage would also be a DEAR SENATOR KOHL: AgeAdvantAge, Inc. this Act as the ‘‘Task Force’’). great encouragement to mature workers would like to extend our full support of your (b) MEMBERSHIP.—The Task Force estab- wanting to cut back but not leave the work- proposed legislation; The Older Worker Op- lished pursuant to subsection (a) shall be force. Providing the extended COBRA might portunity Act of 2005. composed of representatives from all rel- be just the incentive a 62-year-old needs to AgeAdvantAge is an Area Agency on Aging evant Federal agencies that have regulatory continue working part time. The extended overseeing the provision of services funded jurisdiction over, or a clear policy interest COBRA could help employers and older by the Older Americans Act (OAA) through- in, issues relating to older workers, includ- workers transition gradually to full retire- out southern and western Wisconsin. We wel- ing the Internal Revenue Service, the Social ment at a later age. come any effort to improve the lives of older Security Administration, the Equal Employ- A tax credit for eldercare would be a won- people, be it through expansion of aging ment Opportunity Commission, and the Ad- derful benefit to seniors that are balancing services, or the opportunity for those we ministration on Aging of the Department of the responsibilities of work and taking care serve to achieve economic self-sufficiency Health and Human Services. of a non-dependent individual with signifi- through employment. (c) ACTIVITIES.— cant health issues. Employers will benefit We recognize with a rapidly aging popu- (1) AFTER ONE YEAR.—Not later than 1 year from having employees that are more pro- lation, efforts must be made to keep Amer- after the date of establishment of the Task ductive because they are worrying less about ica’s older workers on the job. The potential Force, the Task Force shall— family responsibilities of direct caregiving. loss of workers, as Baby Boomers begin to (A) identify statutory and regulatory pro- Interfaith strongly supports the creation retire, has frightening implications for busi- visions in current law that tend to limit op- of a separate set of performance measures for ness, government and the economy. portunities for older workers, and develop the older worker under the Workforce In- Keeping older workers employed is crucial legislative and regulatory proposals to ad- vestment Act. Statistically, mature workers to keeping America strong and competitive dress such limitations; stay with an employer longer than their in the global market. Demographics show (B) identify best practices in the private younger co-workers, take fewer sick days, the older worker is the workforce of the fu- sector for hiring and retaining older work- and are less likely to have an on the job in- ture, and we believe the experience, work ers, and serve as a clearinghouse of such in- jury. This results in increased productivity ethic and dedication to quality of the older formation; and and decreased cost to employers. Retention worker, will have a positive impact on busi- (C) assess the effectiveness and cost of pro- outcomes should actually be enhanced be- ness. grams that Federal agencies have imple- cause of the older workers’ work ethic, the Government also needs older workers to mented to hire and retain older workers (in- pride they take in their work and their loy- remain employed and contributing to the tax cluding the Senior Environmental Employ- alty to their employer. base, rather than become consumers of pub- ment (SEE) Program of the Environmental We are faced with the unique opportunity lic benefits and services. As an example, an Protection Agency), and recommend cost-ef- to expand the use of the Senior Community older worker who remains employed may fective programs for all Federal agencies to Service Employment Program (SCSEP) also delay drawing Social Security benefits, hire and retain older workers. through a strong attachment to the Older while at the same time continuing to con- (2) AFTER THREE YEARS.—Not later than 3 Worker Opportunity Act. tribute to the fund through payroll years after the date of establishment of the A Federal Task Force on Older Workers withholdings. Task Force, the Task Force shall— could be very helpful, especially one that We also know that older people who re- (A) assess the effectiveness of the provi- would include private sector employers, gov- main active, both physically and mentally, sions of this Act; and ernmental agencies, older worker service live longer and healthier lives. Healthier in- (B) organize a Conference on the Aging providers and older workers themselves. dividuals are in less need of publicly funded Workforce, which shall include the participa- Sincerely, health care services. Older people who are tion of senior, business, labor, and other in- CAROL ESCHNER, employed are also less likely to need assist- terested organizations. Executive Director. ance from other social service programs such

VerDate Mar 15 2010 20:27 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06OC5.PT2 S06OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 6, 2005 CONGRESSIONAL RECORD — SENATE S11219 as meal programs, food pantries, subsidized Further, employers will increasingly be A task force comprised not only of govern- housing, food stamps, and energy assistance. asked to provide assistance for employees mental units, but also of business, service These programs are already faced with ris- tending to the needs of another. This legisla- providers, and older workers themselves, will ing demand and shrinking budgets, and ex- tion should consider extending the eldercare prove a great asset as we face the challenges tending employment for older Americans can tax credit to employers who offer adult day and opportunities presented by an aging help delay, or at least reduce, the need for care subsidies or services. workforce, and the need to keep them em- these services. ACCESS TO THE WORKFORCE INVESTMENT ACT ployed. With the many benefits of keeping the (WIA) Senator Kohl, thank you for the oppor- older worker employed in mind, we would As a provider of employment services to tunity to comment on, and support The like to address each of the five key points of older adults, we can attest to the fact that Older Worker Opportunity Act of 2005. We your proposal; older job seekers are routinely excluded from also thank you for your support of the older EMPLOYER TAX CREDITS participation in programs funded by the worker as is evidenced in this progressive The Baby Boom generation will have a sig- WIA. WIA service providers often view the and forward-thinking proposal. If we can be of any further assistance, nificant impact on both the workforce and older job seeker as a potential threat to pro- please do not hesitate to call. the workplace as they continue to age. Em- gram performance, as they may only be Sincerely, ployers will need to accommodate the unique seeking part-time employment. ROBERT KELLERMAN, needs of this cohort, with a key issue being Though more than 60% of our current cus- Executive Director. flexibility. tomers are between the ages of 55 and 64, and When an older worker leaves their job, seeking full-time employment with benefits, MICHAEL KRAUSS, they take with them years of knowledge and a separate set of performance measures for Older Worker Program experience. This sudden loss of expertise neg- older job seekers, may alleviate WIA pro- Coordinator. atively impacts an organization’s produc- vider’s fears, and result in improved access COMMITTEE FOR ECONOMIC tivity, and therefore their bottom line. To to WIA services. DEVELOPMENT, prevent this, older workers need to be offered Performance measures in the WIA, particu- Washington, DC, September 28, 2005. incentives to remain in their jobs. larly those regarding full-time employment Employers need to consider such concepts and earnings increase, need to be modified Hon. HERB KOHL, as flex time, job sharing, compressed work for an older job seeker. Placement into em- U.S. Senate, Hart Senate Office Building, weeks, telecommuting, part-time employ- ployment, whether full- or part-time, should Washington, DC. DEAR SENATOR KOHL: on behalf of the Com- ment with pro-rated benefits, and phased re- be considered a positive outcome, and the mittee for Economic Development (CED), I tirement. Many of these new work modes can earnings increase measure should be re- commend you for your leadership in address- be implemented at little or no cost to the moved altogether. ing issues related to the aging of the Amer- employer. All of them will benefit the em- This legislation should also consider an ican workforce with your bill, the Older ployer through a skilled, experienced, and often overlooked employment and training program serving older job seekers, the Sen- Worker Opportunity Act. stable workforce. CED stated several years ago that expand- Using tax credits as an incentive to em- ior Community Service Employment Pro- gram (SCSEP). The SCSEP is funded under ing opportunities for older workers would be ployers may bring about change, if the credit crucial to continued prosperity. Our 1999 pol- is attractive, and comes with minimal paper- Title V of the Older Americans Act of 1965 (OAA). Administered jointly by the Adminis- icy statement, ‘‘New Opportunities for Older work. Workers,’’ argued that demographic change As further incentive to creating an ‘‘older tration on Aging (AoA) and the Department would reduce the growth of our labor force worker friendly’’ workplace, the tax credit of Labor (DOL), this unique program pro- well below current rates, absent significant should be based on the number of flexible op- vides a lower-income, older adult with the changes in behavior and policy. We noted tions an employer offers, and employers who opportunity to learn new skills, and build that many workers retire totally and abrupt- hire older workers should receive additional the experience necessary to transition into ly because they have no viable option to con- tax credits. employment. The SCSEP is unique from all other em- tinue working, perhaps at reduced hours that EXTENSION OF COBRA COVERAGE ployment and training programs in many re- would be more suitable and would provide a As you have noted, current COBRA law al- spects. It serves only those aged 55 or older. phased beginning to retirement. We urged lows for only 18 months of continued cov- It provides paid training, intensive case that the business sector and the federal gov- erage if group policy coverage is lost as the management, and supportive services to all ernment change perceptions and attitudes, result of a reduction in hours. Under many eligible individuals. And, training activities and where necessary laws and rules, to make other circumstances, coverage can be ex- result in services that benefit the general it easier and more attractive for older work- tended to 36 months. welfare of the community. ers to achieve a gradual rather than an im- Older workers who are no longer able to The SCSEP is also unique in that it takes mediate retirement. work full-time, typically due to health rea- a ‘‘whole person’’ approach in providing as- We are gratified to see that your bill would sons, often opt for early retirement at age 62. sistance. As a SCSEP operator. we under- address many of the problems that we identi- This results in a loss of insurance benefits, stand that an older person often times has fied in our 1999 statement. We believe that and an increased reliance on publicly funded needs other than, or in addition to, employ- your recommended changes in law would health care systems. ment. Being part of the aging network, we allow workers to phase into retirement with- Extending COBRA coverage until age 65 are able to link our customers with the pro- out the financial penalties, in retirement in- may accommodate an older worker’s need for grams and services they need to address non- come and health coverage, that now can both reduced hours and insurance, thereby employment issues. force people into unwilling retirement. With delaying their need for Social Security and Over the past decade, the SCSEP has expe- such an improved incentive to work, our publicly funded heath care. rienced a shift in the balance between aging economy might suffer less of a loss of labor- ELDERCARE TAX CREDIT services and employment services. The AoA force growth, and might make the transition Today, employees of any age are often has admittedly distanced itself from admin- to the retirement of the baby-boom genera- times faced with choosing between working istration of the program, effectively yielding tion more easily. and the needs of someone dependent upon its authority to the DOL. As a result, less We appreciate your efforts on this impor- them for care. This is increasingly true for value is placed on the community service as- tant issue, and stand ready to help in build- the older worker. pects of the program, the connection to the ing public understanding of the vital and Many older workers find they are not able aging network and aging services is almost growing role of older workers. to remain productive at work because the de- nonexistent, and the program has actually Sincerely, mands of caretaking have become so great. become less accessible to older job seekers. CHARLES E.M. KOLB, Often times they will leave their job to de- With the upcoming reauthorization of the President. vote their time to the care of another. At Older Americans Act, perhaps now is an op- times, their loss of productivity could result portune time to revisit the intended purpose By Mr. DEMINT (for himself, Mr. in their termination. In either instance, of the SCSEP and explore ways to strength- DURBIN, and Mr. CORNYN): their employer has lost the benefit of their en its services and expand its use. Because it S. 1827. A bill to amend the Public knowledge and experience, and they have is unique from other programs funded under Health Service Act to provide for the lost the many benefits of being engaged in the OAA, and equally unique from the WIA, public disclosure of charges for certain gainful and meaningful employment. perhaps the SCSEP is better placed among hospital services and drugs; to the However, studies show older workers who the unique concepts described in the Older Worker Opportunity Act of 2005. Committee on Health, Education, receive assistance with their caretaking re- Labor, and Pensions. sponsibilities, can maintain their produc- TASK FORCE ON OLDER WORKERS Mr. DEMINT. Mr. President, I rise tivity, and therefore remain employed. A tax Finally, the creation of a task force to ad- credit to help offset the cost for adult day dress the on-going needs of the aging work- today to offer a bill that would require care, in-home care or respite, will help the force will be vital in assisting business and hospitals to disclose their charges for older worker balance their life and work government in implementing the changes the most common procedures and needs. necessary to keep older workers working. drugs.

VerDate Mar 15 2010 20:27 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06OC5.PT2 S06OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11220 CONGRESSIONAL RECORD — SENATE October 6, 2005 This bill recognizes that consumers January 1 or July 1 (beginning more than shall specify the electronic form and manner seeking routine hospital services need one year after the date of the enactment of by which a hospital shall report data under to know what they are paying so they this section), a hospital shall report to the subsection (a) and the form for posting of no- Secretary the following data: can make educated decisions about tices under subsection (b)(2). ‘‘(1) The frequency with which the hospital ‘‘(f) RULES OF CONSTRUCTION.— their own health care. This legislation performed each service selected under sub- ‘‘(1) NON-PREEMPTION OF STATE LAWS.— aims to give Americans that informa- paragraph (A) or (B) of subsection (c)(1) in an Nothing in this section shall be construed as tion in a user friendly format. inpatient or outpatient setting, respectively, preempting or otherwise affecting any provi- Specifically, the bill would require during such period. sion of State law relating to the disclosure of hospitals to regularly report to the ‘‘(2) The frequency with which the hospital charges or other information for a hospital. Secretary of U.S. Department of administered a drug selected under subpara- ‘‘(2) CHARGES.—Nothing in this section Health and Human Services the graph (C) of such subsection in an inpatient shall be construed to regulate or set hospital setting during such period. amount they charge for the 25 most charges. ‘‘(3) If the service was so performed or the ‘‘(g) DEFINITIONS.—For purposes of this sec- commonly performed inpatient proce- drug was so administered during such period, tion: dures, the 25 most common outpatient the average charge and the medium charge ‘‘(1) HOSPITAL.—The term ‘hospital’ has the procedures, and the 50 most frequently by the hospital for such service or drug dur- meaning given such term by the Secretary. administered medications. The Depart- ing such period. ‘‘(2) DRUG.—The term ‘drug’ includes a bio- ment would then post this information ‘‘(b) PUBLIC AVAILABILITY OF DATA.— logical and a non-prescription drug, such as on the Internet for easy access. ‘‘(1) PUBLIC POSTING OF DATA.—The Sec- an ointment.’’. retary shall promptly post, on the official Under the current system, patients public Internet site of the Department of By Mrs. CLINTON (for herself often have no idea what they will be Health and Human Services, the data re- charged until they receive a bill. This and Mr. ROBERTS): ported under subsection (a). Such data shall S. 1828. A bill to amend the Public is a problem because hospital charges be set forth in a manner that promotes Health Service Act to improve and se- vary significantly based on facility and charge comparison among hospitals. cure an adequate supply of influenza procedure. Some hospitals charge one- ‘‘(2) NOTICE OF AVAILABILITY.—A hospital vaccine; to the Committee on Health, hundred and twenty dollars for a chest shall prominently post at each admission Education, Labor, and Pensions. x-ray while others charge more than site of the hospital a notice of the avail- ability of the data reported under subsection Mrs. Clinton. Mr. President, today, I fifteen hundred. Uninsured patients (a) on the official public Internet site under am pleased to introduce the Influenza and those who pay with cash are often paragraph (1). Vaccine Security Act with Senator surprised with unexpected hospital ‘‘(c) SELECTION OF SERVICES AND DRUGS.— Roberts. charges because there is no way for For purposes of this section: In recent months, our public health them to know what they will be ‘‘(1) INITIAL SELECTION.—Based on national professionals have been sounding the charged up front. data, the Secretary shall select the fol- alarm about the increasing incidence No other industry expects consumers lowing: ‘‘(A) The 25 most frequently performed of avian influenza. Since December to commit to buying before they know services in a hospital inpatient setting. 2004, 70 cases of avian influenza have the true cost. Patients should have ac- ‘‘(B) The 25 most frequently performed been confirmed in Indonesia, Vietnam, cess to price information before they services in a hospital outpatient setting. Thailand and Cambodia—and 27 of commit to a procedure. ‘‘(C) The 50 most frequently administered these cases have been fatal. In coun- This bipartisan bill is good for the drugs in a hospital inpatient setting. tries across Asia and Europe, farmers uninsured and for consumer driven ‘‘(2) UPDATING SELECTION.—The Secretary have been culling their poultry stocks healthcare. Individuals cannot be ex- shall periodically update the services and because of fears of infection. pected to get comfortable making their drugs selected under paragraph (1). ‘‘(d) CIVIL MONEY PENALTY.—The Secretary Various agencies—from the Depart- own health care decisions unless they may impose a civil money penalty of not ment of State to the Department of know how much they will be expected more than $10,000 for each knowing violation Health and Human Services—have to pay for different services. of subsection (a) or (b)(2) by a hospital. The begun to mobilize in preparation for I am grateful to Senators RICHARD provisions of subsection (i)(2) of section 351A when—not if, but when—avian influ- DURBIN and JOHN CORNYN for joining shall apply with respect to civil money pen- enza hits our shores. me as original cosponsors of this bi- alties under this subsection in the same manner as such provisions apply to civil What is particularly worrisome to partisan legislation. I am also pleased money penalties under subsection (i)(1) of me, when thinking about our Nation’s that Representatives BOB INGLIS and such section. ability to face the threat posed by pan- DAN LIPINSKI have introduced com- ‘‘(e) ADMINISTRATIVE PROVISIONS.— demic or avian influenza, is the fact panion legislation in the House. They ‘‘(1) IN GENERAL.—The Secretary shall pre- that we aren’t even prepared to deal recognize that information is power, scribe such regulations and issue such guide- with the seasonal influenza epidemic and this bill is an important step in lines as may be required to carry out this section. that we face every year. empowering Americans with the tools ‘‘(2) CLASSIFICATION OF SERVICES.—The reg- Last fall, we witnessed senior citi- to be smart consumers. I urge my Sen- ulations and guidelines under paragraph (1) zens lining up for hours to obtain flu ate colleagues to support this bill. shall include rules on the classification of vaccine, unscrupulous distributors at- I ask unanimous consent that the different services and the assignment of tempting to sell scarce vaccine to the text of the bill be printed in the items and procedures to those services (in- highest bidder, and millions of Ameri- RECORD. cluding inpatient diagnostic related groups cans delaying or deferring necessary There being no objection, the bill was (DRGs), outpatient procedures, and tests) flu shots. ordered to be printed in the RECORD, as and classification of drugs. For purposes of the preceding sentence, classification of This wasn’t the first time that our follows: drugs may include unit, strength, and dosage vaccine production and distribution S. 1827 information. system has failed. Since 2000, our Na- Be it enacted by the Senate and House of Rep- ‘‘(3) COMPUTATION OF AVERAGE AND MEDIAN tion has experienced three shortages of resentatives of the United States of America in CHARGES.— influenza vaccine. Congress assembled, ‘‘(A) IN GENERAL.—The regulations and guidelines under paragraph (1) shall include Fortunately, we had a relatively mild SECTION 1. SHORT TITLE. influenza season this past year, but we This Act may be cited as the ‘‘Hospital a methodology for computing an average Price Reporting and Disclosure Act of 2005’’. charge and a median charge for a service or cannot count on such luck to save us drug, in accordance with subparagraph (B). every time we have a flu vaccine short- SEC. 2. PUBLIC DISCLOSURE OF HOSPITAL DATA. ‘‘(B) METHODOLOGY.—The methodology pre- Part B of title II of the Public Health Serv- age. scribed by the Secretary under subparagraph ice Act (42 U.S.C. 238 et seq.) is amended by Approximately 36,000 Americans die (A) shall ensure that the average charge and adding at the end the following new section: of the flu each year, and these deaths the median charge for a service or drug re- are largely preventable—we could stop ‘‘DATA REPORTING BY HOSPITALS AND PUBLIC flect the amount charged before any adjust- POSTING ment based on a rate negotiated with a third them if we increased immunizations, if ‘‘SEC. 249. (a) SEMIANNUAL REPORTING RE- party. we had a secure vaccine market, and if QUIREMENT.—Not later than 80 days after the ‘‘(4) FORM OF REPORT AND NOTICE.—The reg- we made sure that everyone understood end of each semiannual period beginning ulations and guidelines under paragraph (1) the importance of vaccines.

VerDate Mar 15 2010 20:27 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06OC5.PT2 S06OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 6, 2005 CONGRESSIONAL RECORD — SENATE S11221 For several years now, I’ve been ask- Improving our system for vaccine ing with vaccine manufacturers to de- ing the Secretary of Health and Human manufacture and distribution will not velop a vaccine, but it is unclear when Services to undertake reforms to fix only help us in the event of a pan- and how many doses will be ready. our flu vaccine supply problems, and demic, but will help us every winter Other than a vaccine, the only de- the legislation I’m introducing with when senior citizens, children, and fense against a new flu strain such as Senator ROBERTS today provides a chronically ill individuals need to get a avian flu is an antiviral medication mechanism through which we can de- flu shot to protect them from the such as Tamiflu. Currently, the United velop a stable supply and distribution virus. States currently only has enough pills system for our seasonal flu vaccine. I hope that the legislation Senator to treat less than one percent, or about There is a great deal of risk involved ROBERTS and I are introducing today 2.3 million people. with developing an annual flu vaccine. will call attention to the immediate This is why experts believe the ef- Because the dominant strain changes needs of our priority populations, and I fects of avian flu in the U.S. and from year to year, manufacturers must look forward to working with our col- around the world could be devastating. develop doses on an annual basis, with- leagues in the Senate on both seasonal Some have predicted the loss of life out being able to store or resell any ex- and pandemic prevention initiatives. could reach as high as 160–200 million. cess vaccine the following year. There’s Mr. ROBERTS. Mr. President, I am A pandemic might infect a third of the also no steady demand for a flu vac- pleased to be introducing the Influenza U.S. population and cost more than cine, largely because shortages have Vaccine Security Act with Senator $100 billion alone in medical treat- confused so many of us as to when we CLINTON today because I believe this ments. A pandemic of this sort could should or shouldn’t get vaccinated. legislation is critical to strengthening also have catastrophic economic or so- This legislation will help create a our public health preparedness here in cial effects. stable flu vaccine market for manufac- the U.S. The experiences of the flu vac- It is for these reasons I am pleased turers by increasing coordination be- cine shortage last year made us all our legislation addresses some of the tween the public and private sectors, so aware that our system needs improve- underlying public health infrastructure that we can set targets and procedures ment. This legislation takes a com- concerns that can help us effectively for dealing with both shortages and prehensive approach to addressing the respond to pandemic flu. Our vaccine surpluses before they hit. root causes of seasonal flu vaccine industry here in the U.S. is extremely Stabilizing the vaccine market will shortages by creating stability in the fragile and our manufacturers need the also require increasing demand for vac- U.S. vaccine market. necessary tools to effectively produce cination. This bill increases the fund- Our legislation requires the Depart- and deliver vaccines in the event of ei- ing for the CDC’s educational initia- ment of Health and Human Services to ther seasonal or pandemic flu. First tives, and sets up grants through which set annual production targets for the and foremost, our legislation ensures State and local health departments, in flu vaccine, to stockpile up to 10 per- vaccine manufacturers and health care collaboration with health care institu- cent of the vaccine each year in the providers are not held liable in the tions, insurance companies, and pa- event of a shortage, and to create a event of a public health emergency in- tient groups, can increase vaccination vaccine buyback program to provide volving pandemic influenza. Without rates among all Americans, but, in par- market guarantees for our vaccine this necessary liability protection, the ticular, priority populations. manufacturers. This legislation also ability to develop or deliver a vaccine Another major problem with our na- provides a much-needed framework for during an outbreak could be signifi- tional influenza supply mechanisms is public health officials to track vac- cantly hampered. that we rely on production methods cines and provides increased education Our legislation also encourages im- that haven’t kept pace with our other and outreach about getting an annual proved technologies for influenza vac- biomedical advances. In order to make flu vaccine. a vaccine, strains of influenza virus are I now want to turn to some of the cine development by providing addi- cultivated in chicken eggs, a non-ster- provisions in this legislation that deal tional funding for NIH research into al- ile environment. Many of the contami- with an issue I believe deserves our ut- ternative methods of vaccine develop- nation problems we have seen with vac- most attention: pandemic influenza. I ment, such as cell-based cultures and a cine result when problems arise in this think we can agree that we all learned permanent flu vaccine. Currently, flu cultivation process. a good lesson from Hurricane Katrina: vaccine production is a strenuous proc- Although we’ve got to rely on this government at all levels must be pre- ess and takes several months, leaving technology for the time being, we need pared to deal with a large-scale public us extremely vulnerable in the event of to increase research into safer, faster, health emergency. Unfortunately, our a large-scale outbreak and a subse- and more reliable methods of vaccine government is not currently not pre- quent need for a mass production of production. This legislation would pro- pared to deal with pandemic influenza. vaccines. vide the National Institutes of Health Our legislation seeks to address this by Our legislation encourages more with increased funding for research strengthening the underlying public companies to enter the U.S. market into alternative forms of vaccine devel- health infrastructure to heighten our with domestic-based production facili- opment. ability to respond to both seasonal and ties and to improve the ability of the Of course, vaccine does us no good if pandemic flu. current manufacturers to remain in it can’t get to the people who need it, As Chairman of the Senate Intel- the market. Manufacturers currently and in last season’s epidemic, we had ligence Committee and a member of do not have the capacity to simulta- problems matching existing stocks of both the Senate Agriculture Com- neously produce enough flu vaccine for vaccine to the high priority popu- mittee and Senate Health, Education, seasonal flu and an avian flu vaccine in lations, like senior citizens, who were Labor and Pensions (HELP), I take the the event of an outbreak. We must as- in need of vaccine. It took weeks before threat of an influenza pandemic very sist our manufacturers in increasing we could determine how much vaccine seriously. I view it as not only a public production capacity. was actually in communities, and health concern, but a national security Aside from vaccines, our legislation where it was needed. We wasted lots of concern. The timing for a large-scale also requires the government to pur- time and resources—valuable public worldwide influenza outbreak is ripe. chase and store additional antiviral health resources—in trying to track Many experts believe the next flu pan- medications, such as Tamiflu, to pro- this vaccine. demic will come in the form of avian tect against an influenza epidemic. This bill sets up a tracking system flu. Finally, our legislation provides a through which the CDC and State and Unlike the seasonal flu, humans have framework to identify public health local health departments can share the no natural immunity to avian flu. A professionals that can provide services information they need to ensure that routine flu shot for more common in- in the event of a public health emer- high priority populations in all parts of fluenza viruses won’t protect against gency through the use of a medical per- the country will have access to vac- the deadly avian flu. The Department sonnel registry linked at the Federal, cine. of Health and Human Services is work- State and local levels.

VerDate Mar 15 2010 20:27 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06OC5.PT2 S06OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11222 CONGRESSIONAL RECORD — SENATE October 6, 2005 I am pleased to introduce the Influ- other agencies as appropriate. This SEC. 2. APPROVAL OF AGREEMENTS. enza Vaccine Security Act with Sen- would provide a less formal approach Section 101 of the Compact of Free Asso- ciation Amendments Act of 2003 (48 U.S.C. ator CLINTON today. We need to fix our than the more elaborate procedures for 1921) is amended— seasonal flu vaccine production and issue resolution set forth under section (1) in the first sentence of subsection (a), distribution problems not only to pre- 902 of the Covenant which require, by inserting before the period at the end the vent future shortages, but also to among other items, the formal appoint- following: ‘‘, including Article X of the Fed- strengthen our public health infra- ment of negotiators. Section 902 is eral Programs and Services Agreement Be- structure in case of pandemic. unique to the Commonwealth and leg- tween the Government of the United States As Senator CLINTON knows, the islative approval of a less formal ap- and the Government of the Federated States HELP Committee will soon be consid- proach may serve to improve Federal- of Micronesia, as amended under the Agree- ering legislation to develop counter- commonwealth relations and the abil- ment to Amend Article X that was signed by ity of both sides to reach agreements. those 2 Governments on June 30, 2004, which measures to protect the U.S. from de- shall serve as the authority to implement liberate and natural public health As with the submerged lands issue, fur- the provisions thereof’’; and threats. This legislation, known as Bio- ther legislation may be required, but (2) in the first sentence of subsection (b), shield II, will present a great oppor- such legislation will likely be easier to by inserting before the period at the end the tunity to build on the first steps we achieve if both sides are not either tied following: ‘‘, including Article X of the Fed- take in this legislation to protect up in the processes of 902 or at opposite eral Programs and Services Agreement Be- against pandemic flu. I look forward to sides in court. tween the Government of the United States and the Government of the Republic of the working with Senator CLINTON and my The second bill, requested by the House Delegate from the United States Marshall Islands, as amended under the other colleagues on the committee to Agreement to Amend Article X that was Virgin Islands, Representative DONNA deliver a comprehensive package to en- signed by those 2 Governments on June 18, M. CHRISTENSEN, came as a result of sure we are prepared and can respond 2004, which shall serve as the authority to Federal court rulings which invali- to all types of public health threats. implement the provisions thereof’’. dated many of the Real Property tax SEC. 3. CONFORMING AMENDMENT. By Mr. DOMENICI (for himself provisions of the Virgin Islands Code. Section 105(f)(1) of the Compact of Free As- and Mr. BINGAMAN) (by re- The bill would repeal sections l401-l401e sociation Amendments Act of 2003 (48 U.S.C. quest): of Title 48, of the United States Code to 1921d(f)(1)) is amended by striking subpara- S. 1829. A bill to repeal certain sec- provide the Government of the United graph (A) and inserting the following: ‘‘(A) EMERGENCY AND DISASTER ASSIST- tions of the Act of May 26, 1936, per- States Virgin Islands the ability to fully regulate real property tax mat- ANCE.— taining to the Virgin Islands; to the ‘‘(i) IN GENERAL.—Subject to clause (ii), Committee on Energy and Natural Re- ters in the territory. section 221(a)(6) of the U.S.-FSM Compact sources. Finally, the last bill would make sev- and section 221(a)(5) of the U.S.-RMI Com- eral changes to the Compact of Free pact shall each be construed and applied in By Mr. DOMENICI (for himself, Association Amendments Act (CFAAA) accordance with the 2 Agreements to Amend Mr. BINGAMAN, and Mr. AKAKA) of 2003 P.L. 108–188, which was enacted Article X of the Federal Programs and Serv- (by request): in December, 2003. Because of the 2003 ice Agreements signed on June 30, 2004, and S. 1830. A bill to amend the Compact deadline on the term of the original on June 18, 2004, respectively. of Free Association Amendments Act Compact assistance, several issues ‘‘(ii) DEFINITION OF WILL PROVIDE FUND- ING.—In the second sentence of paragraph 12 of 2003, and for other purposes; to the were left unresolved. One of these unre- solved issues was whether the Republic of each of the Agreements described in Committee on Energy and Natural Re- clause (i), the term ‘will provide funding’ sources. of the Marshall Islands (RMI) and the means will provide funding through a trans- Federated States of Micronesia (FSM) fer of funds using Standard Form 1151 or a By Mr. DOMENICI (for himself would continue to receive disaster as- similar document or through an interagency, and Mr. BINGAMAN) (by re- sistance from FEMA. Since the passage reimbursable agreement.’’. quest): of P.L. 108–188, the Administration has SEC. 4. CLARIFICATIONS REGARDING PALAU. S. 1831. A bill to convey certain sub- transmitted language to Congress that Section 105(f)(1)(B) of the Compact of Free merged land to the Commonwealth of would provide authority for the RMI Association Amendments Act of 2003 (48 the Northern Mariana Islands, and for and FSM to obtain disaster assistance. U.S.C. 1921d(f)(1)(B)) is amended— other purposes; to the Committee on In addition to this new authority, the (1) in clause (ii)(II), by striking ‘‘and its bill makes several technical changes to territories’’ and inserting ‘‘, its territories, Energy and Natural Resources. and the Republic of Palau’’; Mr. DOMENICI. Mr. President, today P.L. 108–188 (2) in clause (iii), by striking ‘‘, or the Re- I join my colleague, the Ranking mem- I look forward to working with my public of the Marshall Islands’’ and inserting ber of the Committee on Energy and colleagues, the Administration, and of- ‘‘, the Republic of the Marshall Islands, or Natural Resources, Senator BINGAMAN, ficials from the RMI, FSM, and the the Republic of Palau’’; and in introducing three bills, by request, U.S. Virgin Islands to move these bills (3) in clause (ix)— to make necessary changes to law re- through the process. (A) by striking ‘‘Republic’’ both places it garding the U.S.-affiliated islands. I ask unanimous consent that the appears and inserting ‘‘government, institu- Briefly, the bills include: First, legis- text of the bills, be printed in the tions, and people’’; and lation requested by the Attorney Gen- RECORD. (B) by striking ‘‘was’’ and inserting ‘‘were’’. eral of the Commonwealth of the There being no objection, the bills were ordered to be printed in the SEC. 5. AVAILABILITY OF LEGAL SERVICES. Northern Mariana Islands (CNMI). This Section 105(f)(1)(C) of the Compact of Free RECORD, as follows: bill accomplishes two objectives—to Association Amendments Act of 2003 (48 provide the Commonwealth with the S. 1829 U.S.C. 1921d(f)(1)(C)) is amended by inserting same ownership and jurisdiction over Be it enacted by the Senate and House of Rep- before the period at the end the following: ‘‘, offshore submerged lands as has been resentatives of the United States of America in which shall also continue to be available to Congress assembled, provided to other United States terri- the citizens of the Federated States of Mi- SECTION 1. REPEAL OF CERTAIN LAWS PER- cronesia, the Republic of Palau, and the Re- tories and to provide a less formal TAINING TO THE VIRGIN ISLANDS. public of the Marshall Islands who reside in mechanism for the Governor of the (a) REPEAL.—Sections 1 through 6 of the the United States (including territories and CNMI to raise issues with the Federal Act of May 26, 1936 (48 U.S.C. 1401 et seq.), are possessions)’’. Government than the procedures under repealed. SEC. 6. TECHNICAL AMENDMENTS. section 902 of the Covenant that estab- (b) EFFECTIVE DATE.—The amendment (a) TITLE I.— lished the Commonwealth in political made by this section takes effect on July 22, (1) SECTION 177 AGREEMENT.—Section 1954. union with the United States. 103(c)(1) of the Compact of Free Association The legislation also provides a gen- S. 1830 Amendments Act of 2003 (48 U.S.C. eral authorization for the Common- Be it enacted by the Senate and House of Rep- 1921b(c)(1)) is amended by striking ‘‘section resentatives of the United States of America in 177’’ and inserting ‘‘Section 177’’. wealth to raise issues arising under Congress assembled, (2) INTERPRETATION AND UNITED STATES provisions of the Covenant with the SECTION 1. SHORT TITLE. POLICY.—Section 104 of the Compact of Free Secretary and for the Secretary to re- This Act may be cited as the ‘‘Compacts of Association Amendments Act of 2003 (48 solve those issues with assistance from Free Association Amendments Act of 2005’’. U.S.C. 1921c) is amended—

VerDate Mar 15 2010 20:27 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06OC5.PT2 S06OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 6, 2005 CONGRESSIONAL RECORD — SENATE S11223 (A) in subsection (b)(1), by inserting ‘‘the’’ (I) by striking ‘‘46 U.S.C. 1295(b)(6)’’ and in- (ii) by striking ‘‘Telecommunications’’ and before ‘‘U.S.-RMI Compact,’’; serting ‘‘section 1303(b)(6) of the Merchant inserting ‘‘Telecommunication’’; and (B) in subsection (e)— Marine Act, 1936 (46 U.S.C. 1295b(b)(6))’’; and (L) in section 463(b), by striking ‘‘Article’’ (i) in the matter preceding subparagraph (II) by striking ‘‘46 U.S.C. 1295b(b)(6)(C)’’ and inserting ‘‘Articles’’. (A) of paragraph (8) , by striking ‘‘to in- and inserting ‘‘section 1303(b)(6)(C) of that S. 1831 clude’’ and inserting ‘‘and include’’; Act’’; Be it enacted by the Senate and House of Rep- (ii) in paragraph (9)(A), by inserting a (L) in the third sentence of section 354(a), resentatives of the United States of America in comma after ‘‘may’’; and by striking ‘‘section 442 and 452’’ and insert- Congress assembled, (iii) in paragraph (10), by striking ‘‘related ing ‘‘sections 442 and 452’’; SECTION 1. CONVEYANCE OF CERTAIN SUB- to service’’ and inserting ‘‘related to such (M) in section 461(h), by striking ‘‘Tele- MERGED LAND TO THE COMMON- services’’; and communications’’ and inserting ‘‘Tele- WEALTH OF THE NORTHERN MAR- (C) in the first sentence of subsection (j), communication’’; IANA ISLANDS. by inserting ‘‘the’’ before ‘‘Interior’’. (N) in section 462(b)(4), by striking ‘‘of Free The first section of Public Law 93–435 (48 (3) SUPPLEMENTAL PROVISIONS.—Section Association’’ the second place it appears; and U.S.C. 1705) is amended— 105(b)(1) of the Compact of Free Association (O) in section 463(b), by striking ‘‘Articles (1) in the second sentence of subsection (b), Amendments Act of 2003 (48 U.S.C. IV’’ and inserting ‘‘Article IV’’. by inserting ‘‘Commonwealth of the North- 1921d(b)(1)) is amended by striking ‘‘Trust (2) U.S.-RMI COMPACT.—The Compact of ern Mariana Islands,’’ after ‘‘Guam,’’; and Fund’’ and inserting ‘‘Trust Funds’’. Free Association, as amended, between the (2) by adding at the end the following: Government of the United States of America (b) TITLE II.— ‘‘(e)(1) Subject to valid existing rights, all and the Government of the Republic of the (1) U.S.-FSM COMPACT.—The Compact of right, title, and interest of the United States Marshall Islands (as provided in section Free Association, as amended, between the in land permanently or periodically covered 201(b) of the Compact of Free Association Government of the United States of America by tidal water up to but not above the line of Amendments Act of 2003 (117 Stat. 2795)) is and the Government of the Federated States mean high tide and seaward to a line 3 geo- amended— of Micronesia (as provided in section 201(a) of graphical miles distant from the coastline of (A) in section 174(a), by striking ‘‘court’’ the Compact of Free Association Amend- the territory of the Commonwealth of the and inserting ‘‘courts’’; ments Act of 2003 (117 Stat. 2757)) is amend- Northern Mariana Islands (as modified be- (B) in section 177(a), by striking the fore, on, or after the date of enactment of ed— comma before ‘‘(or Palau)’’; (A) in section 174— this subsection by accretion, erosion, or (C) in section 179(b), by striking ‘‘amended reliction, or in artificially made, filled in, or (i) in subsection (a), by striking ‘‘courts’’ Compact,’’ and inserting ‘‘Compact, as and inserting ‘‘court’’; and reclaimed land that was formerly perma- amended,’’; nently or periodically covered by tidal (ii) in subsection (b)(2), by striking ‘‘the’’ (D) in section 211— before ‘‘November’’; water) are conveyed to the Government of (i) in the first sentence of subsection (b), the Commonwealth of the Northern Mariana (B) in section 177(a), by striking ‘‘, or by striking ‘‘Agreement between the Govern- Palau’’ and inserting ‘‘(or Palau)’’; Islands to be administered in trust for the ment of the United States and the Govern- benefit of the people of the Commonwealth. (C) in section 179(b), strike ‘‘amended Com- ment of the Republic of the Marshall Islands pact’’ and inserting ‘‘Compact, as amend- ‘‘(2) The conveyance shall be subject to Regarding Miliary Use and Operating clauses (ii), (iv), (v), (vii), (viii), and (ix) of ed,’’; Rights’’ and inserting ‘‘Agreement Regard- (D) in section 211— subsection (b) and subsection (c), except that ing the Military Use and Operating Rights of each reference to the ‘date of enactment of (i) in the fifth sentence of subsection (a), the Government of the United States in the by striking ‘‘Trust Fund Agreement,’’ and this Act’ in those clauses shall (for the pur- Republic of the Marshall Islands concluded poses of this subsection) be considered to be inserting ‘‘Agreement Between the Govern- Pursuant to Sections 321 and 323 of the Com- ment of the United States of America and a reference to the date of enactment of this pact of Free Association, as Amended subsection.’’. the Government of the Federated States of (Agreement between the Government of the SEC. 2. AUTHORITY OF SECRETARY TO RESOLVE Micronesia Implementing Section 215 and United States and the Government of the Re- Section 216 of the Compact, as Amended, Re- CERTAIN CLAIMS OF THE COMMON- public of the Marshall Islands Regarding WEALTH OF THE NORTHERN MAR- garding a Trust Fund (Trust Fund Agree- Military Use and Operating Rights)’’; and IANA ISLANDS. ment),’’; (ii) in the last sentence of subsection (e), (a) IN GENERAL.—On the request of the (ii) in subsection (b)— by inserting before the period at the end the Governor of the Commonwealth of the (I) in the first sentence, by striking ‘‘Gov- following: ‘‘and the Federal Programs and Northern Mariana Islands, the Secretary of ernment of the’’ before ‘‘Federated’’; and Services Agreement referred to in section the Interior may settle any claim of the (II) in the second sentence, by striking 231’’; Commonwealth arising pursuant to any pro- ‘‘Sections 321 and 323 of the Compact’’ and (E) in section 221(a)— vision of the Covenant to Establish a Com- inserting ‘‘Sections 211(b), 321, and 323. The (i) in the matter preceding paragraph (1), monwealth of the Northern Mariana Islands Compact, as amended,’’; and by striking ‘‘Section 231’’ and inserting ‘‘sec- in Political Union with the United States of (iii) in the last sentence of subsection (d), tion 231’’; and America, approved by the first section of by inserting before the period at the end the (ii) in paragraph (5), by inserting ‘‘(Federal Public Law 94–241 (48 U.S.C. 1801 note). following: ‘‘and the Federal Programs and Emergency Management Agency)’’ after (b) ASSISTANCE.— Services Agreement referred to in section ‘‘Homeland Security’’; (1) REQUEST.—The Secretary may request 231’’; (F) in the second sentence of section 232, assistance from the head of any other Fed- (E) in the first sentence of section 215(b), by striking ‘‘sections 103(m)’’ and all that eral agency in order to expeditiously resolve by striking ‘‘subsection(a)’’ and inserting follows through ‘‘(January 14, 1986)’’ and in- any claim described in subsection (a). ‘‘subsection (a)’’; serting ‘‘section 103(k) of Public Law 108-188, (2) PROVISION.—On request, the head of the (F) in section 221— 117 Stat. 2734, December 17, 2003’’; Federal agency shall provide the assistance. (i) in subsection (a)(6), by inserting ‘‘(Fed- (G) in the first sentence of section 341, by (c) AUTHORIZATION OF APPROPRIATIONS.— eral Emergency Management Agency)’’ after striking ‘‘Section 141’’ and inserting ‘‘section (1) IN GENERAL.—There are authorized to be ‘‘Homeland Security’’; and 141’’; appropriated to the Secretary such sums as (ii) in the first sentence of subsection (c), (H) in section 342— are necessary to carry out subsection (a). by striking ‘‘agreements’’ and inserting (i) in subsection (a), by striking ‘‘14 U.S.C. (2) OTHER FUNDS.—The Secretary may also ‘‘agreement’’; 195’’ and inserting ‘‘section 195 of title 14, use to carry out subsection (a) any other (G) in the second sentence of section 222, United States Code’’; and sums that are appropriated for the purpose by inserting ‘‘in’’ after ‘‘referred to’’; (ii) in subsection (b)— of a provision of the Covenant that is subject (H) in the second sentence of the first un- (I) by striking ‘‘46 U.S.C. 1295(b)(6)’’ and in- to a claim by the Commonwealth. designated paragraph of section 232, by strik- serting ‘‘section 1303(b)(6) of the Merchant Mr. BINGAMAN. Mr. President, ing ‘‘sections 102 (c)’’ and all that follows Marine Act, 1936 (46 U.S.C. 1295b(b)(6))’’; and through ‘‘January 14, 1986)’’ and inserting (II) by striking ‘‘46 U.S.C. 1295b(b)(6)(C)’’ today I join my colleague and the ‘‘section 102(b) of Public Law 108-188, 117 and inserting ‘‘section 1303(b)(6)(C) of that chairman of the Committee on Energy Stat. 2726, December 17, 2003’’; Act’’; and Natural Resources, Senator (I) in the second sentence of section 252, by (I) in the third sentence of section 354(a), DOMENICI, in introducing three bills, by inserting ‘‘, as amended,’’ after ‘‘Compact’’; by striking ‘‘section 442 and 452’’ and insert- request, to make necessary changes to (J) in the first sentence of the first undes- ing ‘‘sections 442 and 452’’; law regarding the U.S.-affiliated is- ignated paragraph of section 341, by striking (J) in the first sentence of section 443, by lands. As chairman and ranking minor- ‘‘Section 141’’ and inserting ‘‘section 141’’; inserting ‘‘, as amended,’’ after ‘‘the Com- ity member of this committee, Senator (K) in section 342— pact’’; (i) in subsection (a), by striking ‘‘14 U.S.C. (K) in the matter preceding paragraph (1) DOMENICI and I have a special responsi- 195’’ and inserting ‘‘section 195 of title 14, of section 461(h)— bility for matters relating to our fellow United States Code’’; and (i) by striking ‘‘1978’’ and inserting ‘‘1998’’; U.S. citizens who live in the territories (ii) in subsection (b)— and of the United States. While the people

VerDate Mar 15 2010 20:27 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06OC5.PT2 S06OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11224 CONGRESSIONAL RECORD — SENATE October 6, 2005 of the territories are U.S. citizen or na- Northern Mariana Islands, CNMI, and tlement of a dispute, if agreed to by tionals, they lack full voting represen- hopefully resolve a long standing dis- the CNMI. For example, article VII of tation in the U.S. Congress. Their prob- pute between the U.S. and the CNMI the covenant provides annual direct lems and concerns are just as deserving over the extent of the CNMI’s terri- spending for capital construction of attention as are those of U.S. citi- torial limit. projects. Disputes that may arise and zens who live in the 50 States, and it is The CNMI became a U.S. territory in be addressed under this new less-formal the committee on Energy and Natural 1976 pursuant to the covenant between process include those relating to leases Resources which has the responsibility the U.S. and CNMI, as approved by of land for defense purposes, construc- for considering island issues that are Public Law 94–241. However, interpreta- tion of infrastructure, eligibility for brought to our attention, and for mak- tion of the covenant regarding the Federal programs, or payments due the ing recommendations, as appropriate, CNMI’s territorial limit came into dis- CNMI. pute, and then became the subject of to the full Senate. The third bill being introduced today The committee is also responsible for discussions under the formal govern- is requested by the delegate from the authorization and oversight of U.S. fi- ment-to-government consultation pro- United States Virgin Islands, USVI, nancial assistance to the freely associ- cedures of the covenant. The U.S. exec- Donna Christensen, on behalf of herself ated states of the Republic of Palau, utive branch took the position that the and the Governor of the USVI. This bill the Federated States of Micronesia, CNMI had the same territorial limit as would repeal sections of the United and the Republic of the Marshall Is- the other territories—that is 3 miles— States Code that were enacted in 1936 lands—three sovereign nations that while the CNMI claimed a 200-mile ex- to determine how real property taxes were formerly administered by the U.S. clusive economic zone. After discus- would be assessed in the USVI. These as districts of the United Nations Trust sions deadlocked, the CNMI pursued sections were thought to have been ef- Territory of the Pacific Islands. While their claim in Federal court. Earlier fectively repealed in 1954 with enact- not under U.S. sovereignty, these na- this year, the Federal Appeals court ment of the Virgin Islands Organic tions enjoy a unique relationship with upheld, in Northern Mariana Islands v. Act—a law that substantially expanded the U.S. which developed following the United States, 399 F. 3d 1057, the dis- the scope of local self-government. Pacific battles of World War II and trict court decision that the CNMI not Last year, however, the Third Circuit which continues to be based on our mu- only did not have 200-mile jurisdiction Court of Appeals ruled that the 1936 tual interest in security, democracy, but did not have a 3-mile limit either. law remains in effect. The court ruling and economic development. Establishing Federal ownership up to has, therefore, effectively overturned The first bill being introduced, the the mean high-water mark has com- 50 years of local tax law. The simple so- Compacts of Free Association Amend- promised local authority to manage ac- lution to this situation, which this bill ments Act of 2005, would make several tivities in the near-shore areas, such as proposes, is to repeal the 1936 provi- changes to the Compact of Free Asso- shoreline permitting activities that are sions as soon as possible. This approach ciation Amendments Act, CFAAA, of normally handled by State and local is consistent with the intent of the 1954 2003, (Public Law 108–188) which was en- authorities. The District Court is al- law, and it is consistent with our gen- acted in December 2003. That law con- lowing the local government to con- eral Federal territorial policy of dele- tinued the close relationships that tinue to exercise near-shore jurisdic- gating local real property tax policy to were established in 1986 between the tion temporarily. U.S. and the Federated States of Mi- On June 6, 2005, the attorney general the local government. cronesia, FSM, and between the U.S. of the CNMI wrote to Chairman Consideration of these bills is impor- and the Republic of the Marshall Is- DOMENICI and myself requesting that tant to meeting our Nation’s respon- lands, RMI by revising and extending legislation be enacted to establish a 3- sibilities to the governments and resi- U.S. financial and program assistance mile territorial limit for the CNMI— dents of the islands. I look forward to until 2023. Final consensus was not the same distance granted the other working with Chairman DOMENICI, the reached in 2003, however, on continu- territories. This bill would grant the representatives of the island govern- ation of U.S. disaster assistance pro- CNMI’s request without prejudice to ments, the administration, and the grams and services to the FSM and their right to further appeal their other members of the committee in RMI. Instead, section 105(f)(1)(A) of the claim, and would allow the local gov- considering these bills and reporting CFAAA directed the Secretary of ernment to continue management of our recommendations to the Senate. State, in consultation with FEMA, to near-shore areas. negotiate disaster assistance agree- A second provision in this bill, also By Mr. INHOFE (for himself and ments with the FSM and RMI, report requested by the attorney general of Mr. COBURN): to Congress on the outcome of the ne- the CNMI, would support an alter- S. 1832. A bill to authorize the Sec- gotiations, and make recommendations native process for the resolution of dis- retary of the Interior to lease oil and to Congress on any necessary changes putes between the U.S. and the CNMI. gas resources underlying Fort Reno, to law. As mentioned above, there is an exist- Oklahoma, to establish the Fort Reno On August 19, 2004, the State Depart- ing, but very formal, consultation Management Fund, and for other pur- ment transmitted new agreements re- process established under the covenant poses; to the Committee on Energy and garding disaster assistance to Congress which requires the President and the Natural Resources. along with the legislative language Governor to designate official rep- Mr. INHOFE. Mr. President, today I needed to bring them into effect. Gen- resentatives to hold formal meetings. proudly rise to introduce the ‘‘Fort erally, these agreements provide that These procedures have generally been Reno Mineral Leasing Act’’. FEMA and USAID will jointly consult ineffective because their formality on disaster damage assessments and on makes compromise difficult, particu- Fort Reno was established as a fron- disaster declaration recommendations; larly for those representing the CNMI. tier cavalry post in 1874, and it played FEMA will provide all disaster recov- This proposed provision would offer a a key role in the settlement of the ery funding consistent with past policy less formal alternative by indicating west. It is a historic site of National and practice and transfer those funds that Congress expects the Secretary of significance and it is listed on the Na- to USAID which will then administer the Interior to take initial responsi- tional Register of Historic places. Over all disaster response and recovery ac- bility for seeking to resolve disputes. It 9,000 visitors view the fort each year. tivities. In addition to approving these would encourage the Secretary, in con- In 1948 the U.S. Army turned its new disaster assistance agreements, sultation with the other agencies in- lands and buildings, at Fort Reno, over this bill would make several other con- volved, to settle any claim arising to the U.S. Department of Agriculture. forming, clarifying, and technical under the covenant, and it authorizes Today, the original site remains intact amendments to the CFAAA of 2003. The appropriations for any settlement. It as a complete frontier post. Dozens of second bill being introduced today would also allow the Secretary to use buildings constructed by the military, would convey submerged lands, out to 3 other funds that may have been appro- as early as the 1880’s, still stand around miles, to the Commonwealth of the priated under the covenant for the set- the Historic District.

VerDate Mar 15 2010 20:27 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06OC5.PT2 S06OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 6, 2005 CONGRESSIONAL RECORD — SENATE S11225 The Agricultural Research Service more potential as a national historic site. EL RENO CHAMBER OF COMMERCE administers the fort site which in- That potential cannot be realized until the AND DEVELOPMENT CORP., cludes the Grazinglands Research Fa- historic buildings are restored. Cost to re- El Reno, OK, September 29, 2005. store this site will be considerable. Not re- cility, the Fort Reno Historic District, Hon. JAMES INHOFE, storing this site will cause Americans to lose Russell Building, and the Fort Reno Science Park. a significant piece of our nation’s history. Washington, DC. Many of the historic buildings are in When you consider the importance of saving DEAR SENATOR: On behalf of the members desperate need of restoration. A small this site for generations to come, the cost is and Board of Directors of the El Reno Cham- agency like the Agricultural Research insignificant by comparison. ber of Commerce, I wish to express our grati- Service is not financially able to keep The citizens of El Reno are thankful that tude to you for assisting the citizens of this up with the continued costs of mainte- you have graciously agreed to consider draft- city and the State of Oklahoma to restore ing legislation that would provide financial one of our most cherished historical assets, nance of so much aged infrastructure. support for restoration and maintenance of Independent studies show that over $18 the buildings of Fort Reno. New sources of Fort Reno’s aged buildings. You are to be funding to restore and maintain the Fort’s million is now needed to restore the commended for acknowledging it is our re- buildings are of critical importance to us. most important of the many old offi- sponsibility to preserve our past for future Fort Reno is the principle historic site in our cers’ quarters and other key buildings. generations. I sincerely appreciate your re- area and it attracts almost 10,000 visitors to I have been an active supporter of spect for our past and vision for our future. our city annually; however, it is badly in Fort Reno and its facilities. For in- Sincerely, need of repair and maintenance. DEBBIE HARRISON, As you know, the costs required to com- stance, several years ago I helped se- Vice Mayor, City of El Reno. cure a Save America’s Treasures Grant plete a restoration project of this magnitude of $300,000 to assist a local historical far exceeds the capabilities of any state, CITY OF EL RENO, local organization or entity. We appreciate organization with the costs of sta- OFFICE OF THE CITY MANAGER, your willingness to assist us with legislation bilization of exteriors on those deterio- El Reno, OK, September 29, 2005. that will insure that Fort Reno’s historic rating buildings that are most in need Hon. JIM INHOFE, buildings are preserved and maintained, and of renovation. In fiscal year 2004, I ar- Russell Building, made available for the benefit of both Okla- Washington, DC. homans and our out-of-state visitors. ranged for an appropriation of $2.1 mil- DEAR SENATOR: The purpose of this letter lion for construction of two green- Please let us know if there is anything we is to express my appreciation for your efforts can do to help with this effort by calling houses for use in research on forage on behalf of the citizens of the City of El (405) 262–1188. Reno, particularly as relates to restoration grasses that is conducted by the Agri- Sincerely, of historic buildings at Fort Reno. We are cultural Research Service at the Fort KAREN NIX, grateful that you assisted with the Save Reno site. Executive Director. The legislation I am introducing America’s Treasures grant that recently al- lowed work to begin on restoration of one of today will provide a revenue-neutral, the Fort’s officers quarters, built before 1890. OKLAHOMA FARM BUREAU, non-appropriated source of funding Fort Reno is one of our city’s most impor- Oklahoma City, OK, October 4, 2005. which will be adequate to restore the tant resources, and we have long looked for- Hon. JIM INHOFE, historical buildings of Fort Reno, so ward to seeing it restored to its former U.S. Senate, Russell Building, Washington, DC. that they will be here for future gen- glory. We understand that you intend to intro- DEAR SENATOR INHOFE: We appreciate your erations. ongoing support for the Ft. Reno Agricul- In addition, this bill authorizes the duce legislation that could allow more progress to be made toward complete res- tural Research Service Station. As you development of the oil and gas that lies toration and future maintenance of the know, at one time the physical ARS facility beneath Fort Reno’s 6,737 acres and Fort’s buildings and other historical assets. I had suffered from neglect and the reorga- places those funds in a special account urge you to do so. The benefits will be con- nization of ARS. Now the physical facility is in the U.S. Treasury that will be uti- siderable, not only for the people of this city, much improved, and the research staff are lized for restoration and maintenance but for the state of Oklahoma and the Na- doing great work. It is truly an operation in tion. which many of us take great pride. of those facilities. These funds will also I appreciate that you have an interest in be used to assist with handling visitors Sincerely, DOUGLAS D. HENLEY, helping the citizens of Oklahoma to preserve to the fort, historic interpretation and City Manager. the historical buildings of Fort Reno. Fund- related activities. The remaining funds ing is badly needed to restore and maintain will be used to pay down the national OKLAHOMA STATE SENATE, these buildings, many of which were built as debt. Oklahoma City, OK, September 29, 2005. early as the 1880s. I understand you are will- The Fort Reno Mineral Leasing Act Hon. JAMES INHOFE, ing to introduce legislation that will ensure is fully supported by State legislators, Russel1 Building, that these historic buildings are not lost, but Washington, DC. are preserved and maintained and made local municipalities, the Chamber of available for viewing and use by future gen- Commerce, farm groups, the USDA, DEAR SENATOR INHOFE. On behalf of my constituents and all citizens of Oklahoma, I erations of Oklahomans. and the ARS Administrator at Fort wish to thank you for assisting with efforts I understand the historic area of the Fort Reno. to obtain funding for restoration of historic has a lot of local support from the commu- I look forward to seeing this Okla- buildings at Fort Reno. When they learn of nity, and that you support a revenue-neutral homa-specific legislation enacted and it, many people in my district will be grate- approach to financing the restoration of Fort am proud to have Senator COBURN as ful for your support. I and others in the Leg- Reno without increasing our tax burden. Our my original cosponsor. islature have worked hard to assist those much missed state board member, Henry Jo I ask unanimous consent that letters who operate the Fort Reno Visitors Center, VonTungeln, was an active proponent of but the level of funding required to rescue using a revenue-neutral approach to funding of support be printed in the RECORD. the restoration of the Fort. There being no objection, the mate- and maintain these old structures and other historical resources at the Fort is beyond Your willingness to carry legislation to rial was ordered to be printed in the our abilities. implement this approach is greatly appre- RECORD, as follows: Restoration and continued maintenance of ciated. The success of the legislation will CITY OF EL RENO, the Fort’s buildings are of critical impor- mean a great deal to Oklahomans and Amer- El Reno, OK, September 29, 2005. tance to all Oklahomans. Fort Reno is a pri- icans, as well as the thousands of people who Hon. JAMES INHOFE, mary historic site in our area, and it at- visit Fort Reno each year. U.S. Senate, Russell Building, tracts over 9,000 visitors annually. It has Thank you for your consideration in this Washington, DC. great potential for tourism and economic de- matter. DEAR SENATOR: As you know, the citizens velopment, and that potential cannot be re- Sincerely, of the City of El Reno and others from across alized until it is properly restored. I admire STEVE KOUPLEN, Oklahoma have long maintained a strong in- and appreciate your willingness to introduce President. terest in restoring the military buildings and legislation that will insure that Fort Reno’s other historic features at Fort Reno. Fort historic buildings are preserved and main- OKLAHOMA FARMERS UNION, Reno serves as a focal point for many of this tained for future generations of Oklahomans. Oklahoma City, OK, September 30, 2005. community’s cultural and historical events, Please let me know if I can assist with this Hon. JAMES INHOFE, and it is visited by thousands of tourists important effort in any way. U.S. Senate, each year. Sincerely, Washington, DC. As vital as Fort Reno is to our community MIKE JOHNSON, DEAR SENATOR INHOFE: On behalf of Okla- and the State of Oklahoma, it has much Oklahoma State Senate, District 22. homa Farmers Union and the 100,000 family

VerDate Mar 15 2010 20:27 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06OC5.PT2 S06OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11226 CONGRESSIONAL RECORD — SENATE October 6, 2005 farmers, ranchers and rural citizens our or- on Two Bedroom Housing Wage’’, in- STATE RANKS BASED ON TWO BEDROOM HOUSING WAGE ganization represents, we appreciate your serted in the RECORD. As my colleagues [Higher Rank = Less Affordable] dedication to Oklahoma and your current ef- read this chart, I encourage them to forts to preserve, restore and maintain Fort refer to the NLIHC report issued last Housing Reno here in the heart of our great state. wage for year, ‘‘Out of Reach’’, for a more com- Rank State two bed- This historical location and buildings, built room FRM in the 1800s, remains an attraction to thou- prehensive overview of housing prices sands of Oklahomans and out-of-state tour- and diminishing affordability. I found 52 ...... District of Columbia ...... $22.83 this report particularly alarming and 51 ...... California ...... 21.24 ists each year. 50 ...... Massachusetts ...... 20.93 Thank you for your interest, and more im- eye-opening. 49 ...... New Jersey ...... 20.35 portantly, your efforts to ensure much need- There are several strategies to con- 48 ...... Maryland ...... 18.25 ed funding for this project. The legislation 47 ...... New York ...... 18.18 sider in combating the affordable hous- 46 ...... Connecticut ...... 17.90 you are currently working on in regards to ing crisis. A comprehensive plan of eco- 45 ...... Hawaii ...... 17.60 Fort Reno will ensure these buildings and nomic and community development 44 ...... Alaska ...... 17.07 this historic site will not be lost, but instead 43 ...... Nevada ...... 16.92 and revitalization—from public and 42 ...... New Hampshire ...... 16.79 will be available for generations to come. We 41 ...... Colorado ...... 16.64 sincerely appreciate the revenue-neutral ap- private sector sources—is one strategy 40 ...... Rhode Island ...... 16.29 that has proved successful. Some of the 39 ...... Virginia ...... 16.05 proach to financing the restoration of Fort 38 ...... Illinois ...... 15.44 Reno, without increasing our tax burden. increasing need for affordable housing 37 ...... Florida ...... 15.37 Again, thank you for your active role in is met with the construction of new 36 ...... Minnesota ...... 15.07 35 ...... Arizona ...... 14.93 preservation of Fort Reno and all your ef- units. But in many communities, a 34 ...... Washington ...... 14.32 forts on behalf of our great state. stock of affordable housing already ex- 33 ...... Delaware ...... 14.16 Sincerely, 32 ...... Georgia ...... 14.12 ists, and there is a desire among local 31 ...... Texas ...... 13.84 RAY L. WULF, leaders to preserve it. My bill helps 30 ...... Pennsylvania ...... 13.82 President & CEO. 29 ...... Michigan ...... 13.58 States, localities, and other entities do 28 ...... Vermont ...... 13.42 just that. 27 ...... Utah ...... 13.36 By Mr. JEFFORDS (for himself, The bill I am introducing today, the 26 ...... Oregon ...... 12.89 Mr. SARBANES and Mr. DAYTON): 25 ...... Maine ...... 12.82 Affordable Housing Preservation Act of 24 ...... Wisconsin ...... 12.22 S. 1834. A bill to authorize the Sec- 2005, represents an effort to com- 23 ...... Ohio ...... 12.08 retary of the Department of Housing 22 ...... North Carolina ...... 11.98 plement the good work being done 21 ...... Missouri ...... 11.85 and Urban Development to make throughout the country on Section 8 20 ...... Indiana ...... 11.77 grants to States for affordable housing 19 ...... New Mexico ...... 11.58 initiatives, and it strives to preserve 18 ...... Kansas ...... 11.22 for low-income persons, and for other existing affordable housing. Specifi- 17 ...... Idaho ...... 11.20 purposes; to the Committee on Bank- 16 ...... Nebraska ...... 11.08 cally, this legislation would conserve 15 ...... South Carolina ...... 11.04 ing, Housing, and Urban Affairs. federally-subsidized housing units by 14 ...... Tennessee ...... 11.04 Mr. JEFFORDS. Mr. President, over 13 ...... Louisiana ...... 10.95 providing matching grants to states the past several weeks, in the wake of 12 ...... Iowa ...... 10.74 and localities, who then may work 11 ...... Montana ...... 10.50 two hurricanes, we have felt the heart- 10 ...... Oklahoma ...... 10.40 with other housing entities, seeking to break of Americans forced from their 9 ...... Kentucky ...... 10.23 preserve privately owned, affordable 8 ...... South Dakota ...... 10.18 homes with no return in sight. Safe 7 ...... Wyoming ...... 10.06 housing. 6 ...... Alabama ...... 9.84 and affordable housing is not some- The Secretary of Housing and Urban 5 ...... Mississippi ...... 9.79 thing we should take for granted. Development, HUD, would make deter- 4 ...... Arkansas ...... 9.63 Today I am introducing the Afford- 3 ...... North Dakota ...... 9.48 minations for the grants based on a 2 ...... West Virginia ...... 9.31 able Housing Preservation Act of 2005. number of factors, including the num- 1 ...... Puerto Rico ...... 7.22 I am proud to be joined by my col- ber of affordable housing units at risk leagues, Senators PAUL SARBANES and of being lost and the local market con- By Mr. JEFFORDS (for himself, MARK DAYTON. This bill provides fed- ditions in which displaced residents Mrs. BOXER, Mr. LIEBERMAN, eral matching funds for the acquisition would have to find comparable new Mrs. CLINTON, Mr. CARPER, Mr. and rehabilitation of existing feder- housing options. States and localities LAUTENBERG, Mr. OBAMA, and ally-assisted or -insured affordable could use the funds to acquire or reha- Mr. BAUCUS): housing properties that are in danger bilitate housing, which may be done by S. 1836. A bill to provide for recon- of being lost from the affordable hous- working with established not-for-profit struction, replacement, and improve- ing inventory. organizations that specialize in pro- ment of infrastructure in the Gulf There is a great need for affordable viding affordable housing. They could Coast Region; to the Committee on En- housing. All across the country, hous- use the funds, in part, for administra- vironment and Public Works. ing is becoming less attainable for tive and operating expenses. Properties Mr. JEFFORDS. Mr. President, I rise more and more families. In my own with mortgages insured by HUD, Sec- today to introduce the Gulf Coast In- State of Vermont, renting—let alone tion 8 project-based assisted housing, frastructure Redevelopment and Re- owning—a home is becoming difficult if and properties that are being pur- covery Act of 2005 on behalf of the mi- not impossible for many families. The chased by residents would all be eligi- nority side of the EPW Committee. We minimum wage in Vermont is seven ble for the matching grant funds. I be- have introduced three bi-partisan bills dollars. However, a family must earn lieve that flexibility with the funding to date in our committee’s jurisdiction. almost $28,000 in yearly income to af- would make this program more effi- One of them even passed the Senate ford a two-bedroom apartment, which cient and cost effective, and, most im- last week. Those bills, which I would requires a wage of over $13 per hour. portantly, more helpful to the recipi- characterize as tweaks to existing au- For example, in Vermont, a two-bed- ents themselves. thorities, were good first steps and are room apartment costs about $698 per What’s more important to a family included in the package we introduce month, and a minimum wage earner than a place to call home? Affordable, today. can afford no more than $364 for rent. quality, and safe housing is the founda- But, we feel that the breadth and the This trend is not unique to Vermont. tion, literally and figuratively, that magnitude of the damage after Hurri- Nationwide, the wage needed to afford communities are built upon. As the cane Katrina demands a more signifi- a two-bedroom apartment is over $15 Senate crafts a comprehensive federal cant response. As I look at the pictures an hour. Approximately one-quarter of response to the housing crisis, includ- of the damage in the areas hit hardest the U.S. earns less than $10 per hour. ing emergency housing assistance for by Hurricane Katrina, I think of the There are some communities where af- those affected by the hurricanes visitors from Terrebonne Parish that fordable housing was never a concern Katrina and Rita, I am eager to work visited me in my office to seek support before, but are now facing a shortage with my colleagues to integrate the for flood control projects in Louisiana. growing ever more severe. I ask unani- principles of housing preservation into At the time, I was struck by the vul- mous consent to have a chart compiled affordable housing, economic and com- nerability of this community to the ef- by the National Low Income Housing munity development and revitalization fects of nature. Today, we are seeing Coalition (NLIHC), ‘‘State Ranks Based initiatives. those effects firsthand. I have thought

VerDate Mar 15 2010 20:27 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06OC5.PT2 S06OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 6, 2005 CONGRESSIONAL RECORD — SENATE S11227 often in the past month of the strong changes should be made. This bill takes Management Act to add Rhode Island spirit shown by those who visited my only a first step to be sure that we to the Mid-Atlantic Fishery Manage- office, and I know, that while it is al- don’t simply rebuild what was already ment Council; to the Committee on most unimaginable today, in a few in New Orleans without thinking. The Commerce, Science, and Transpor- years, there will be thriving commu- bill requires the Corps to assess all tation. nities in Louisiana, Mississippi, and projects in the area and repair or mod- Mr. REED. Mr. President, today I in- Alabama once again. ify them with one comprehensive ap- troduce the Rhode Island Fishermen’s The bill I am introducing today is proach. Fairness Act of 2005. This legislation not intended to address every need of We establish a National Levee Safety would address a serious flaw in our Na- every person in the Katrina-affected Program in this bill, similar to the tion’s regional fisheries management area. It is a bill that seeks to take ac- Dam Safety Program to be sure our na- system by adding Rhode Island to the tion for those agencies within the ju- tion’s levees can be counted on. Mid-Atlantic Fishery Management risdiction of the EPW Committee to Finally, our bill allows communities Council (MAFMC), which currently ensure that they have the authority that provide incentives for the use of consists of representatives from New and the direction they need. I am a big public transportation or ridesharing York, New Jersey, Delaware, Pennsyl- believer in a single coordinated Federal after a disaster to seek Federal reim- vania, Maryland, Virginia, and North disaster response process through the bursement. Carolina. Stafford Act. Our bill complements the What doesn’t our bill do? Our bill single, coordinated approach, yet rec- does not waive environmental statutes. The MAFMC manages the following ognizes the unique conditions in this Since the Stafford Act was passed in 13 species, all of which are landed in case. 1974, there have been thousands of de- Rhode Island: Illex squid, loligo squid, FEMA has shown itself to be ineffec- clared disasters. Never before have we Atlantic mackerel, black sea bass, tive, in my opinion, largely due to the faced a proposal to haphazardly waive bluefish, butterfish, monkfish, scup, bureaucracy of the Department of environmental statutes across the Na- spiny dogfish, summer flounder, Homeland Security and FEMA’s lack of tion in the name of economic recovery surfclam, ocean quahog, and tilefish. independence. At the time of the cre- in one devastated area. In the last few In 2003, the most recent year for ation of DHS, I said: I cannot under- weeks several proposals have been in- which final data are available, Rhode stand why, after years of frustration troduced to give the President or EPA Island fishermen brought in 30 percent and failure, we would jeopardize the broad waiver authority in the wake of of MAFMC landings by weight—more Federal government’s effective re- Hurricane Katrina. These proposals put than any of the MAFMC member sponse to natural disasters by dis- human health and the environment at States except New Jersey, which is re- solving FEMA into this monolithic risk throughout the Nation by allowing sponsible for about 60 percent of total Homeland Security Department. I fear permanent waivers to environmental MAFMC landings. that FEMA will no longer be able to or other laws, anywhere in the Nation, adequately respond to hurricanes, fires, to be granted with few or no criteria, If Rhode Island fishermen are respon- floods, and earthquakes, begging the and no public involvement. sible for a large percentage of overall question, who will? (November 20, 2002) The consequences of such an action MAFMC landings, these species make Today, unfortunately, we know the could be significant. For example, new up an even larger proportion of land- answer—no one. refineries or power generating facili- ings within Rhode Island every year. The Federal aid provided for Katrina ties could be built while exempt from Between 1995 and 2003, MAFMC species must be coordinated in a wise, targeted the Clean Air Act, causing long-term represented between 32 percent and 56 manner. To perform this task, our bill air quality impacts. Congressional off- percent of all finfish landed in Rhode creates a Federal infrastructure Task shore drilling bans could be waived to Island annually, for an average of 44 Force to make spending decisions and alleviate a fuel shortage. Safe Drinking percent of total landings by weight. In establish Federal investment stand- Water Act regulations could be eight of the years between 1990 and ards. changed to waive limits on pollutant 2003, squid, Illex and loligo, was the There have been large storms be- levels in an effort to speed reoccupancy number one marine species landed in fore—in 1965 Hurricane Betsy hit al- of hurricane-affected areas, putting Rhode Island, with a value of between most this same area. There will be public health at risk. Protections for $11.6 million and $20.1 million annually. large storms again. This bill recognizes minorities or low-income people such Yet Rhode Island has no voice in the that and establishes National Pre- as OSHA safety regulations or the min- management of these species. paredness Grants and several readiness imum wage could be waived. Following council tradition and Fed- studies to update emergency response I want to help the people of Lou- eral fisheries law, the Rhode Island plans, resolve inadequacies, and iden- isiana, Mississippi, and Alabama. The Fishermen’s Fairness Act would create tify infrastructure vulnerabilities. people of my home State of Vermont two seats on the MAFMC for Rhode Is- To speed economic recovery, the bill are appalled at the state of affairs land: one seat nominated by the Gov- provides 200M to both the Economic there and want to help. But, I cannot ernor of Rhode Island and appointed by Development Administration and the accept a proposal this broad which will the Secretary of Commerce, and a sec- Delta Regional Authority. put human health and the environment ond seat filled by Rhode Island’s prin- Part of the long-term recovery of the throughout the Nation at the mercy of region will be the clean-up of the envi- cipal State official with marine fishery one President or appointed official management responsibility. The ronmental damage. Our bill provides with no time limits, no consideration direction to EPA to ensure that ade- MAFMC would increase in size from 21 of human health or the environment, voting members to 23. quate sampling is performed, that the no public participation, and no guid- public knows the results, that drinking ance. Such as effort will only hurt the There is a precedent for this proposed water and wastewater services are re- people of an already devastated region legislation. In 1996, North Carolina’s stored, and that cleanups are in the long run, not help them. representatives in Congress succeeded prioritized. We must not just act to help the vic- in adding that state to the MAFMC The Army Corps of Engineers has a tims of Katrina. We must act in a through an amendment to the Sustain- lot of explaining to do after the levee thoughtful, meaningful, positive way. able Fisheries Act. Like Rhode Island, failure in New Orleans. The Corps also The Gulf Coast Infrastructure Rede- a significant proportion of North Caro- has a lot of clean up to do and a lot of velopment and Recovery Act of 2005 lina’s landed fish species were managed rebuilding to do. The flood control sys- meets that test. I urge my colleagues by the MAFMC, yet the State had no tem in place today was built in the to co-sponsor this legislation. vote on the council. Today, Rhode Is- wake of the damage caused by Hurri- land’s share of total landings for spe- cane Betsy in 1965. I believe it is crit- By Mr. REED: cies managed by the MAFMC is more ical that we fully evaluate the entire S. 1837. A bill to amend the Magnu- than six times greater than that of Corps process to determine what son-Stevens Fishery Conservation and North Carolina.

VerDate Mar 15 2010 20:27 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06OC5.PT2 S06OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11228 CONGRESSIONAL RECORD — SENATE October 6, 2005 I look forward to working with my age its properties. Additionally, the (c) DISTRICT OF COLUMBIA PROPERTY TO BE colleagues to restore a measure of eq- District gains the ability to spur eco- CONVEYED TO THE ADMINISTRATOR.—The prop- uity to the fisheries management proc- nomic development in Southeast Wash- erty described in this subsection is the real ess by passing the Rhode Island Fisher- ington, better address the needs of its property consisting of Building Nos. 16, 37, men’s Fairness Act. I ask unanimous citizens, and increase the local tax 38, 118, and 118–A and related improvements, together with the real property underlying consent that the text of the legislation base. I urge all of my colleagues to sup- those buildings and improvements, on the be printed in the RECORD. port this legislation and I am confident West Campus of Saint Elizabeths Hospital, There being no objection, the bill was that it can be enacted this year. as described in the quitclaim deed of Sep- ordered to be printed in the RECORD, as I ask unanimous consent that the tember 30, 1987, by and between the United follows: text of the bill be printed in the States and the District of Columbia and re- S. 1837 RECORD. corded in the Office of the Recorder of Deeds Be it enacted by the Senate and House of Rep- There being no objection, the bill was of the District of Columbia on October 7, resentatives of the United States of America in ordered to be printed in the RECORD, as 1987. Congress assembled, follows: (d) LIMITATION ON ENVIRONMENTAL LIABIL- ITY.—Notwithstanding any other provision of SECTION 1. SHORT TITLE. S. 1838 law— This Act may be cited as the ‘‘Rhode Is- Be it enacted by the Senate and House of Rep- land Fishermen’s Fairness Act’’. (1) the District of Columbia shall not be re- resentatives of the United States of America in sponsible for any environmental liability, re- SEC. 2. ADDITION OF RHODE ISLAND TO THE Congress assembled, MID-ATLANTIC FISHERY MANAGE- sponse action, remediation, corrective ac- SECTION 1. SHORT TITLE. tion, damages, costs, or expenses associated MENT COUNCIL. This Act may be cited as the ‘‘Federal and Section 302(a)(1)(B) of the Magnuson-Ste- with the property for which title is conveyed District of Columbia Government Real Prop- to the Administrator of General Services vens Fishery Conservation and Management erty Act of 2005’’. Act (16 U.S.C. 1852(a)(1)(B)) is amended— under this section; and (1) by inserting ‘‘Rhode Island,’’ after TITLE I—REAL PROPERTY CONVEYANCES (2) all environmental liability, responsi- ‘‘States of’’; BETWEEN THE GENERAL SERVICES AD- bility, remediation, damages, costs, and ex- (2) by inserting ‘‘Rhode Island,’’ after ‘‘ex- MINISTRATION AND THE DISTRICT OF penses as required by applicable Federal, cept North Carolina,’’; COLUMBIA State and local law, including the Com- (3) by striking ‘‘21’’ and inserting ‘‘23’’; and SEC. 101. EXCHANGE OF TITLE OVER RESERVA- prehensive Environmental Response, Com- (4) by striking ‘‘13’’ and inserting ‘‘14’’. TION 13 AND CERTAIN OTHER PROP- pensation and Liability Act (42 U.S.C. 9601 et ERTIES. seq.), the Federal Water Pollution Control By Mr. VOINOVICH (for himself (a) CONVEYANCE OF PROPERTIES.— Act (known as Clean Water Act) (33 U.S.C. (1) IN GENERAL.—On the date on which the and Ms. COLLINS): 1251 et seq.), the Clean Air Act (42 U.S.C. 7401 District of Columbia conveys to the Admin- et seq.), the Solid Waste Disposal Act (42 S. 1838. A bill to provide for the sale, istrator of General Services all right, title, U.S.C. 6901 et seq.), the Rivers and Harbors acquisition, conveyance, and exchange and interest of the District of Columbia in Act (33 U.S.C. 540 et seq.), the Toxic Sub- of certain real property in the District the property described in subsection (c), the stances Control Act (15 U.S.C. 2601, et seq.), Administrator shall convey to the District of of Columbia to facilitate the utiliza- and the Oil Pollution Act (33 U.S.C. 2701 et Columbia all right, title, and interest of the tion, development, and redevelopment seq.) for such property shall be borne by the United States in— of such property, and for other pur- United States, which shall conduct all envi- (A) U.S. Reservation 13, subject to the con- poses; to the Committee on Homeland ronmental activity with respect to such ditions described in subsection (b); and Security and Governmental Affairs. properties, and bear any and all costs and ex- (B) Old Naval Hospital. Mr. VOINOVICH. Mr. President, penses of any such activity. (2) PROPERTIES DEFINED.—In this section— today I rise to introduce the ‘‘Federal (A) the term ‘‘U.S. Reservation 13’’ means SEC. 102. TERMINATION OF CLAIMS. and District of Columbia Government that parcel of land in the District of Colum- (a) IN GENERAL.—Notwithstanding any Real Property Act of 2005,’’ a bill to au- bia consisting of the approximately 66 acres other provision of law, the United States is thorize the exchange of certain land which is bounded on the north by Independ- not required to perform, or to reimburse the parcels between the Federal Govern- ence Avenue Southeast, on the west by 19th District of Columbia for the cost of per- forming, any of the following services: ment and the District of Columbia. Street Southeast, on the south by G Street Southeast, and on the east by United States (1) Repairs or renovations pursuant to sec- This proposal was submitted to Con- tion 4(f) of the Saint Elizabeths Hospital and gress by the administration with sup- Reservation 343, and being the same land de- scribed in the Federal transfer letter of Octo- District of Columbia Mental Health Services port of the District. ber 25, 2002, from the United States to the Act (24 U.S.C. 225b(f); sec. 44–903(f), D.C. Offi- As Chairman of the Subcommittee on District of Columbia, and subject to existing cial Code). Oversight of Government Management, matters of record; and (2) Preservation, maintenance, or repairs the Federal Workforce and the District (B) the term ‘‘Old Naval Hospital’’ means pursuant to a use permit executed on Sep- of Columbia, I understand the special the property in the District of Columbia con- tember 30, 1987, under which the United relationship shared with the Federal sisting of Square 948 in its entirety, together States (acting through the Secretary of Government and the District. Because with all the improvements thereon. Health and Human Services) granted permis- (b) CONDITIONS FOR CONVEYANCE OF RES- sion to the District of Columbia to use and of this relationship, Congress shares in occupy portions of the Saint Elizabeths Hos- the responsibility of ensuring that the ERVATION 13.—As a condition for the convey- ance of U.S. Reservation 13 to the District of pital property known as the ‘‘West Campus’’. Nation’s capital remains a socially, Columbia under this section, the District of (3) Mental health diagnostic and treatment economically, and culturally vibrant Columbia shall agree— services for referrals as described in section city. (1) to set aside a portion of the property for 9(b) of the Saint Elizabeths Hospital and Dis- Under this legislation, the Federal the extension of Massachusetts Avenue trict of Columbia Mental Health Services properties to be transferred to the Dis- Southeast and the placement of a potential Act (24 U.S.C. 225g(b); sec. 44–908(b), D.C. Of- trict of Columbia will be put to better commemorative work to be established pur- ficial Code), but only with respect to services use. This will free up tax dollars being suant to chapter 89 of title 40, United States provided on or before the date of the enact- Code, at the terminus of Massachusetts Ave- ment of this Act. used to maintain the underutilized (b) EFFECT ON PENDING CLAIMS.—Any claim land to be spent on more important nue Southeast (as so extended) at the Ana- costia River; of the District of Columbia against the needs facing our Nation. The vast ma- (2) to convey all right, title, and interest of United States for the failure to perform, or jority of the conveyance is contained the District of Columbia in the portion set to reimburse the District of Columbia for the in three large properties at or near the aside under paragraph (1) to the Secretary of cost of performing, any service described in Anacostia River: Popular Point, Res- the Interior (acting through the Director of subsection (a) which is pending as of the date ervation 13, and several acres of Na- the National Park Service) at such time as of the enactment of this Act shall be extin- tional Park Service land near Robert the Secretary may require, if a commemora- guished and terminated. F. Kennedy Stadium. The bill also tive work is established in the manner de- TITLE II—STREAMLINING MANAGEMENT would transfer buildings and property scribed in paragraph (1); and OF PROPERTIES LOCATED IN THE DIS- located on the west campus of St. Eliz- (3) to permit the Court Services and Of- TRICT OF COLUMBIA fender Supervision Agency for the District of abeth’s Hospital and several smaller SEC. 201. TRANSFER OF ADMINISTRATIVE JURIS- Columbia to continue to occupy a portion of DICTION OVER CERTAIN PROP- properties from the District of Colum- the property consistent with the require- ERTIES. bia to the Federal Government. ments of the District of Columbia Appropria- (a) TRANSFER OF ADMINISTRATIVE JURISDIC- Conveying these properties will allow tions Act, 2002 (Public Law 107–96; 115 Stat. TION FROM DISTRICT OF COLUMBIA TO UNITED the Federal Government to better man- 931). STATES.—

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(1) IN GENERAL.—Administrative jurisdic- shall convey to the District of Columbia all erty, within the area designated ‘D’ on the tion over each of the following properties right, title, and interest of the United States revised map entitled ‘Map to Designate (owned by the United States and as depicted in each of the properties described in sub- Transfer of Stadium and Lease of Parking on the Map) is hereby transferred, subject to section (c). Lots to the District’ and bound by Oklahoma the terms in this subsection, from the Dis- (2) ADMINISTRATION BY NATIONAL PARK Avenue Northeast, Benning Road Northeast, trict of Columbia to the Secretary of the In- SERVICE.—The properties conveyed by the the Metro line, and Constitution Avenue terior for administration by the Director: District of Columbia to the Secretary under Northeast, and a long-term lease executed by (A) An unimproved portion of Audubon this section shall be administered by the Di- the District of Columbia that is contingent Terrace Northwest, located east of Linnean rector upon conveyance. upon the Secretary’s conveyance of the de- Avenue Northwest, that is within U.S. Res- (b) PROPERTIES TO BE CONVEYED TO THE scribed parcel and for the purpose consistent ervation 402 (National Park Service prop- SECRETARY; USE.—The properties described with this paragraph, the Secretary shall con- erty). in this subsection and their uses are as fol- vey all right, title, and interest in the de- (B) An unimproved portion of Barnaby lows (as depicted on the Map): scribed parcel to the District of Columbia for Street Northwest, north of Aberfoyle Place (1) Lovers Lane Northwest, abutting U.S. the purpose of siting, developing, and oper- Northwest, that abuts U.S. Reservation 545 Reservation 324, for the closure of a one- ating an educational institution for the pub- (National Park Service property). block long roadway adjacent to Montrose lic welfare, with first preference given to a (C) A portion of Canal Street Southwest, Park. pre-collegiate public boarding school. and a portion of V Street Southwest, each of (2) Needwood, Niagara, and Pitt Streets ‘‘(2) Upon conveyance under paragraph (1), which abuts U.S. Reservation 467 (National Northwest, within the Chesapeake and Ohio the portion of the stadium lease that affects Park Service property). Canal National Historical Park, for the clos- the described parcel and all the conditions (D) Unimproved streets and alleys at Fort ing of the rights-of-way now occupied by the associated therewith shall terminate, the de- Circle Park located within the boundaries of Chesapeake and Ohio Canal. scribed parcel shall be removed from the U.S. Reservation 497 (National Park Service (c) PROPERTIES TO BE CONVEYED TO THE ‘Map to Designate Transfer of Stadium and property). DISTRICT OF COLUMBIA.—The properties de- Lease of Parking Lots to the District’, and (E) An unimproved portion of Western Ave- scribed in this subsection are as follows (as the long-term lease described in paragraph nue Northwest, north of Oregon Avenue depicted on the Map): (1) shall take effect immediately.’’. Northwest, that abuts U.S. Reservation 339 (1) U.S. Reservation 17A. (National Park Service property). (2) U.S. Reservation 484. TITLE III—POPLAR POINT (F) An unimproved portion of 17th Street (3) U.S. Reservations 243, 244, 245, and 247. SEC. 301. CONVEYANCE OF POPLAR POINT TO Northwest, south of Shepherd Street North- (4) U.S. Reservations 128, 129, 130, 298, and DISTRICT OF COLUMBIA. west, that abuts U.S. Reservation 339 (Na- 299. (a) CONVEYANCE.—Upon certification by the tional Park Service property). (5) Portions of U.S. Reservations 343D and Secretary of the Interior (acting through the (G) An unimproved portion of 30th Street 343E. Director) that the District of Columbia has Northwest, north of Broad Branch Road (6) U.S. Reservations 721, 722, and 723. adopted a land-use plan for Poplar Point Northwest, that is within the boundaries of SEC. 203. CONVEYANCE OF UNITED STATES RES- which meets the requirements of section 302, U.S. Reservation 515 (National Park Service ERVATION 174. the Director shall convey to the District of property). (a) CONVEYANCE; USE.—If the District of Columbia all right, title, and interest of the (H) Subject to paragraph (2), lands over I– Columbia enacts a final plan for the develop- United States in Poplar Point, in accordance 395 at Washington Avenue Southwest. ment of the former Convention Center Site with this title. (I) A portion of U.S. Reservation 357 at which meets the requirements of subsection (b) WITHHOLDING OF EXISTING FACILITIES Whitehaven Parkway Northwest, previously (b)— AND PROPERTIES OF NATIONAL PARK SERVICE transferred to the District of Columbia in (1) the Secretary shall convey all right, FROM INITIAL CONVEYANCE.—The Director conjunction with the former proposal for a title, and interest of the United States in shall withhold from the conveyance made residence for the Mayor of the District of Co- U.S. Reservation 174 (as depicted on the Map) under subsection (a) the facilities and re- lumbia. to the District of Columbia upon the enact- lated property (including necessary ease- (2) USE OF CERTAIN PROPERTY FOR MEMO- ment of such plan; and ments and utilities related thereto) which RIAL.—In the case of the property for which (2) the District shall use the property so are occupied or otherwise used by the Na- administrative jurisdiction is transferred conveyed in accordance with such plan. tional Park Service in Poplar Point prior to under paragraph (1)(H), the property shall be (b) REQUIREMENTS FOR DEVELOPMENT the adoption of the land-use plan referred to used as the site for the establishment of a PLAN.—The plan for the development of the in subsection (a), as identified in such land- memorial to honor disabled veterans of the former Convention Center Site meets the re- use plan in accordance with section 302(c). quirements of this subsection if— United States Armed Forces authorized to be SEC. 302. REQUIREMENTS FOR POPLAR POINT established by the Disabled Veterans’ LIFE (1) the plan is developed through a public LAND-USE PLAN. Memorial Foundation by Public Law 106–348 process; (a) IN GENERAL.—The land-use plan for (2) during the process for the development (114 Stat. 1358; 40 U.S.C. 8903 note), except Poplar Point meets the requirements of this of the plan, the District of Columbia con- that the District of Columbia shall retain ad- section if the plan includes each of the fol- siders at least one version of the plan under ministrative jurisdiction over the subsurface lowing elements: which the entire portion of U.S. Reservation area beneath the site for the tunnel, walls, (1) The plan provides for the reservation of 174 which is set aside as open space as of the footings, and related facilities. a portion of Poplar Point for park purposes, (b) TRANSFER OF ADMINISTRATIVE JURISDIC- date of the enactment of this Act shall con- in accordance with subsection (b). TION FROM UNITED STATES TO DISTRICT OF CO- tinue to be set aside as open space (including (2) The plan provides for the identification LUMBIA.—Administrative jurisdiction over a version under which facilities are built of existing facilities and related properties of the following property owned by the United under the surface of such portion); and the National Park Service, and the reloca- States and depicted on the Map is hereby (3) not less than 11⁄4 acres of the former tion of the National Park Service to replace- transferred from the Secretary to the Dis- Convention Center Site are set aside for open ment facilities and related properties, in ac- trict of Columbia for administration by the space under the plan. District of Columbia: (c) FORMER CONVENTION CENTER SITE DE- cordance with subsection (c). (1) A portion of U.S. Reservation 451. FINED.—In this section, the ‘‘former Conven- (3) Under the plan, at least two sites within (2) A portion of U.S. Reservation 404. tion Center Site’’ means the parcel of land in the areas designated for park purposes are (3) U.S. Reservations 44, 45, 46, 47, 48, and the District of Columbia which is bounded on set aside for the placement of potential com- 49. the east by 9th Street Northwest, on the memorative works to be established pursu- (4) U.S. Reservation 251. north by New York Avenue Northwest, on ant to chapter 89 of title 40, United States (5) U.S. Reservation 8. the west by 11th Street Northwest, and on Code, and the plan includes a commitment (6) U.S. Reservations 277A and 277C. the south by H Street Northwest. by the District of Columbia to convey back those sites to the National Park Service at (7) Portions of U.S. Reservation 470. SEC. 204. CONVEYANCE OF PORTION OF RFK STA- (c) EFFECTIVE DATE.—The transfers of ad- DIUM SITE FOR EDUCATIONAL PUR- the appropriate time, as determined by the ministrative jurisdiction under this section POSES. Secretary. shall take effect on the date of the enact- Section 7 of the District of Columbia Sta- (4) To the greatest extent practicable, the ment of this Act. dium Act of 1957 (sec. 3–326, D.C. Official plan is consistent with the Anacostia Water- SEC. 202. EXCHANGE OF TITLE OVER CERTAIN Code) is amended by adding at the end the front Framework Plan referred to in section PROPERTIES. following new subsection: 103 of the Anacostia Waterfront Corporation (a) CONVEYANCE OF TITLE.— ‘‘(e)(1) Upon receipt of a written descrip- Act of 2004 (sec. 2–1223.03, D.C. Official Code). (1) IN GENERAL.—On the date on which the tion from the District of Columbia of a par- (b) RESERVATION OF AREAS FOR PARK PUR- District of Columbia conveys to the Sec- cel of land consisting of not more than 15 POSES.—The plan shall identify a portion of retary all right, title, and interest of the contiguous acres (hereafter in this sub- Poplar Point consisting of not fewer than 70 District of Columbia in each of the prop- section referred to as ‘the described parcel’), acres (including wetlands) which shall be re- erties described in subsection (b) for use as with the longest side of the described parcel served for park purposes and shall require described in such subsection, the Secretary abutting one of the roads bounding the prop- such portion to be reserved for such purposes

VerDate Mar 15 2010 20:27 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06OC5.PT2 S06OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11230 CONGRESSIONAL RECORD — SENATE October 6, 2005 in perpetuity, and shall provide that any per- land-use plan under this title (in accordance fer plat, as appropriate, not later than 6 son (including an individual or a public enti- with section 302(c)) are ready to be occupied months after the property is conveyed. ty) shall have standing to enforce the re- by the National Park Service. quirement. SEC. 304. POPLAR POINT DEFINED. By Mr. THUNE (for himself and (c) IDENTIFICATION OF EXISTING AND RE- In this title, ‘‘Poplar Point’’ means the Mr. BINGAMAN): PLACEMENT FACILITIES AND PROPERTIES FOR parcel of land in the District of Columbia S. 1840. A bill to amend section 340B NATIONAL PARK SERVICE.— which is owned by the United States and (1) IDENTIFICATION OF EXISTING FACILI- of the Public Health Service Act to in- which is under the administrative jurisdic- TIES.—The plan shall identify the facilities crease the affordability of inpatient tion of the District of Columbia or the Direc- and related property (including necessary drugs for Medicaid and safety net hos- tor on the day before the date of enactment easements and utilities related thereto) of this Act, and which is bounded on the pitals; to the Committee on Finance. which are occupied or otherwise used by the north by the Anacostia River, on the north- Mr. THUNE. Mr. President, the rising National Park Service in Poplar Point prior east by and inclusive of the southeast ap- cost of prescription drugs has squeezed to the adoption of the plan. proaches to the 11th Street bridges, on the not only the budgets of American con- (2) RELOCATION TO REPLACEMENT FACILI- southeast by and inclusive of Route 295, and sumers but also the budgets of Amer- TIES.— on the northwest by and inclusive of the (A) IN GENERAL.—To the extent that the ica’s health care providers. The rural Frederick Douglass Memorial Bridge ap- District of Columbia and the Director deter- hospitals in my State of South Dakota proaches to Suitland Parkway, as depicted mine jointly that it is no longer appropriate serve as a lifeline to thousands of con- on the Map. for the National Park Service to occupy or stituents living in medically under- otherwise use any of the facilities and re- TITLE IV—GENERAL PROVISIONS served areas. They cannot afford to lated property identified under paragraph (1), SEC. 401. DEFINITIONS. have the cost of their inpatient and the plan shall— In this Act, the following definitions apply: outpatient drugs rising faster than the (i) identify other suitable facilities and re- (1) The term ‘‘Administrator’’ means the rate of inflation. lated property (including necessary ease- Administrator of General Services. ments and utilities related thereto) in the (2) The term ‘‘Director’’ means the Direc- In 1992, Congress created the 340B District of Columbia to which the National tor of the National Park Service. program to lower the cost of drugs pur- Park Service may be relocated; (3) The term ‘‘Map’’ means the map enti- chased by a limited number of entities (ii) provide that the District of Columbia tled ‘‘Transfer and Conveyance of Properties serving a high number of low-income shall take such actions as may be required to in the District of Columbia’’, numbered 869/ and uninsured individuals, such as fed- carry out the relocation, including preparing 80460, and dated July 2005, which shall be erally qualified health care centers and the new facilities and properties and pro- kept on file in the appropriate office of the nonprofit hospitals providing care to a viding for the transfer of such fixtures and National Park Service. disproportionate share of Medicaid pa- equipment as the Director may require; and (4) The term ‘‘Secretary’’ means the Sec- (iii) set forth a timetable for the relocation retary of the Interior. tients. Under the 340B program, pharma- of the National Park Service to the new fa- SEC. 402. LIMITATION ON ENVIRONMENTAL LI- cilities. ABILITY. ceutical manufacturers are required to (B) RESTRICTION ON USE OF PROPERTY RE- Notwithstanding any other provision of provide eligible 340B entities discounts SERVED FOR PARK PURPOSES.—The plan may law— on outpatient drugs as part of the man- not identify any facility or property for pur- (1) the United States shall not be respon- ufacturers’ Medicaid participation poses of this paragraph which is located on sible for any environmental liability, re- agreement. The rising cost of prescrip- any portion of Poplar Point which is re- sponse action, remediation, corrective ac- tion drugs has created the need to mod- served for park purposes in accordance with tion, damages, costs, or expenses associated ify the 340B program and extend these subsection (b). with any property for which title is conveyed (3) CONSULTATION REQUIRED.—In developing to the District of Columbia under this Act or discounts to the inpatient side of dis- each of the elements of the plan which are any amendment made by this Act; and proportionate share hospitals, as well required under this subsection, the District (2) all environmental liability, responsi- as to critical access hospitals. of Columbia shall consult with the Director. bility, remediation, damages, costs, and ex- Today, I and my colleague from New SEC. 303. CONVEYANCE OF REPLACEMENT FA- penses as required by applicable Federal, Mexico, Mr. BINGAMAN, are providing CILITIES AND PROPERTIES FOR NA- state and local law, including the Com- relief on the cost of drugs purchased by TIONAL PARK SERVICE. prehensive Environmental Response, Com- (a) CONVEYANCE OF FACILITIES AND RE- America’s health care providers by in- pensation and Liability Act (42 U.S.C. 9601 et troducing the Safety Net Inpatient LATED PROPERTIES.—Upon certification by seq.), the Federal Water Pollution Control the Director that the facilities and related Act (known as Clean Water Act) (33 U.S.C. Drug Affordability Act. property to which the National Park Service 1251 et seq.), the Clean Air Act (42 U.S.C. 7401 Our bill extends the 340B discounted is to be relocated under the land-use plan et seq.), the Solid Waste Disposal Act (42 drug prices to inpatient drug purchases under this title (in accordance with section U.S.C. 6901 et seq.), the Rivers and Harbors of disproportionate share hospitals and 302(c)) are ready to be occupied or used by Act (33 U.S.C. 540 et seq.), the Toxic Sub- the National Park Service— allows critical access hospitals to par- stances Control Act (15 U.S.C. 2601, et seq.), (1) the District of Columbia shall convey to ticipate in the 340B program. This not and the Oil Pollution Act (33 U.S.C. 2701 et the Director all right, title, and interest in only saves hospitals money on the cost seq.) for any such property shall be borne by the facilities and related property (including of drugs, it relieves them from the bur- the District of Columbia, which shall con- necessary easements and utilities related duct all environmental activity with respect den of carrying two different inven- thereto) to which the National Park Service to such properties, and bear any and all costs tories for inpatient and outpatient is to be relocated (without regard to whether and expenses of any such activity. drugs. such facilities are located in Poplar Point); Our legislation also generates sav- and SEC. 403. LIMITATION ON COSTS. (2) the Director shall convey to the Dis- The United States shall not be responsible ings for the Medicaid program by re- trict of Columbia all, right, title, and inter- for paying any costs and expenses incurred quiring hospitals that participate in est in the facilities and related property by the District of Columbia or any other par- the 340B program to rebate Medicaid a which were withheld from the conveyance of ties at any time in connection with effecting percentage of their 340B savings on in- Poplar Point under section 301(b) and from the provisions of this Act or any amendment patient drugs administered to Medicaid which the National Park Service is to be re- made by this Act, including costs and ex- patients. Specifically, the Safety Net penses associated with surveys, zoning, land- located. Inpatient Drug Affordability Act would (b) RESTRICTION ON CONSTRUCTION PROJECTS use processes, transfer taxes, recording PENDING CERTIFICATION OF FACILITIES.— taxes, recording fees, as well as the costs as- require disproportionate share and (1) IN GENERAL.—The District of Columbia sociated with the relocation of the National critical access hospitals to determine may not initiate any construction project Park Service to replacement facilities re- the acquisition cost of drugs used on with respect to Poplar Point until the Direc- quired under the land-use plan for Poplar Medicaid patients and apply the min- tor makes the certification referred to in Point described in section 302(c)(2). imum Medicaid rebate percentages ap- subsection (a). SEC. 404. DEADLINE FOR PROVISION OF DEEDS plicable to outpatient-dispensed brand (2) EXCEPTION FOR PROJECTS REQUIRED TO AND RELATED DOCUMENTS. name and generic drugs. PREPARE FACILITIES FOR OCCUPATION BY NA- With respect to each property conveyed Extending the 340B program to crit- TIONAL PARK SERVICE.—Paragraph (1) shall under this Act or any amendment made by not apply with respect to any construction this Act, the Mayor of the District of Colum- ical access hospitals also helps reduce project required to ensure that the facilities bia, the Administrator, or the Secretary (as expenditures in the Medicare Program. and related property to which the National the case may be) shall execute and deliver a Critical access hospitals are a vital Park Service is to be relocated under the quitclaim deed or prepare and record a trans- part of the rural health care delivery

VerDate Mar 15 2010 20:27 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06OC5.PT2 S06OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 6, 2005 CONGRESSIONAL RECORD — SENATE S11231 system. They provide emergency out- change plans once during the first (i) by striking ‘‘the first 6 months of 2006’’ patient and limited inpatient care to year, we can make sure that our con- and inserting ‘‘2006’’; and individuals in remote rural areas. Out stituents are not forced to make hasty (ii) by striking ‘‘the first 6 months during of the 61 hospitals in my State of decisions they may later regret. 2006’’ and inserting ‘‘2006’’; (C) in clause (ii), by inserting ‘‘(other than South Dakota, 37 qualify as critical ac- The Medicare Informed Choice Act of during 2006)’’ after ‘‘paragraph (3)’’; and cess hospitals. 2005 contains three important protec- (D) in clause (iii), by striking ‘‘2006’’ and Outpatient care in critical access tions: inserting ‘‘2007’’; and hospitals is reimbursed by Medicare at 1. Delays late enrollment penalties: (2) in paragraph (4), by striking ‘‘2006’’ and 101 percent of reasonable costs. Allow- The bill expands the existing six-month inserting ‘‘2007’’ each place it appears. ing critical access hospitals to partici- open enrollment period to the entire (b) CONFORMING AMENDMENT TO PART D.— pate in the 340B program will lower the year of 2006. This will give people added Section 1860D–1(b)(1)(B)(iii) of such Act (42 U.S.C. 1395w–101(b)(1)(B)(iii)) is amended by cost of drugs in the outpatient setting time to do the research and make the striking ‘‘subparagraphs (B) and (C) of para- and ultimately lower the cost of care best decisions for themselves. graph (2)’’ and inserting ‘‘paragraph (2)(C)’’. provided by these hospitals. Decreasing 2. Protections against bad choices: SEC. 4. PROTECTION FROM LOSS OF EMPLOY- the cost of care in critical access hos- The bill gives every Medicare bene- MENT-BASED RETIREE HEALTH COV- pitals lowers the amount the Medicare ficiary the opportunity to make a one- ERAGE UPON ENROLLMENT FOR MEDICARE PRESCRIPTION DRUG Program expends on reimbursement. time change in plan enrollment at any BENEFIT DURING 2006. The Safety Net Inpatient Drug Af- point in 2006. Given the importance of Section 1860D–22(a)(2) (42 U.S.C. 1395w– fordability Act is commonsense legisla- the decision they make, it is appro- 132(a)(2)) is amended by adding at the end the tion that reduces the cost of drugs for priate to give beneficiaries a one-time following new subparagraph: health care providers serving society’s chance to correct an initial mistake ‘‘(D) PROTECTION FROM LOSS OF EMPLOY- most vulnerable citizens. Lowering the made during the first year of imple- MENT-BASED COVERAGE.—The sponsor of the cost of care in these settings means mentation. plan may not involuntarily discontinue cov- 3. Protections for employer-provided erage of an individual under a group health lowering the cost of health care for all plan before January 1, 2007, based upon the American taxpayers. I look forward to retiree benefits: This provision would individual’s decision to enroll in a prescrip- working with my colleagues on both protect employees from being dropped tion drug plan or an MA–PD plan under this sides of the aisle in getting this bipar- by their former employer’s plan during part.’’. tisan legislation passed and signed into the first year of implementation, so SEC. 5. EFFECTIVE DATE. law. that beneficiaries have time to correct The amendments made by this Act shall enrollment mistakes. take effect as if included in the enactment of By Mr. NELSON of Florida (for The Medicare Informed Choice Act is the Medicare Prescription Drug, Improve- ment, and Modernization Act of 2003 (Public himself, Ms. STABENOW, and Mr. a small, time-limited step that would Law 108–173). HARKIN): help ease the pressure of the first year S. 1841. A bill to amend title XVIII of of this new drug program. It is also By Mr. ENSIGN (for himself, Ms. the Social Security Act to provide ex- critical for all those beneficiaries who MURKOWSKI, Mr. BURNS, Mr. tended and additional protection to face hurdles in obtaining Medicare CRAIG, Mr. CRAPO, Mr. INHOFE, Medicare beneficiaries who enroll for Part D materials or are unaware that Mr. KYL, Mr. SMITH, and Mr. the Medicare prescription drug benefit they will be penalized by failure to act. STEVENS): during 2006; to the Committee on Fi- We urge all of our colleagues to join us S. 1845. A bill to amend title 28, nance. in this effort to help protect Medicare United States Code, to provide for the Mr. NELSON of Florida. Mr. Presi- beneficiaries during the benefit’s im- appointment of additional Federal cir- dent, I am pleased to be joined by my plementation period. cuit judges, to divide the Ninth Judi- colleagues and cosponsors Senators I ask unanimous consent that the cial Circuit of the United States into 2 STABENOW and HARKIN as we introduce text of the bill be printed in the circuits, and for other purposes; to the the Medicare Informed Choice Act of RECORD. Committee on the Judiciary. 2005. This bill provides additional es- There being no objection, the bill was Mr. ENSIGN. Mr. President, I ask sential protections for Medicare bene- ordered to be printed in the RECORD, as unanimous consent that the text of the ficiaries during the first year of imple- follows: bill be printed in the RECORD. mentation of the new Medicare pre- S. 1841 There being no objection, the bill was scription drug benefit. Be it enacted by the Senate and House of Rep- ordered to be printed in the RECORD, as Medicare beneficiaries are under- resentatives of the United States of America in follows: standably concerned and confused Congress assembled, S. 1845 about the new benefit. They face a SECTION 1. SHORT TITLE. Be it enacted by the Senate and House of Rep- number of private plan options and This Act may be cited as the ‘‘The Medi- resentatives of the United States of America in sorting through these plans will be care Informed Choice Act of 2005’’. Congress assembled, complicated. Medicare beneficiaries SEC. 2. EXTENDED PERIOD OF OPEN ENROLL- SECTION 1. SHORT TITLE. will have to make many difficult deci- MENT DURING ALL OF 2006 WITHOUT This Act may be cited as the ‘‘The Circuit LATE ENROLLMENT PENALTY. sions about what is the best course of Court of Appeals Restructuring and Mod- Section 1851(e)(3)(B) of the Social Security ernization Act of 2005’’. action for them. Act (42 U.S.C. 1395w–21(e)(3)(B)) is amended— SEC. 2. DEFINITIONS. Choosing the right plan will be a (1) in clause (iii), by striking ‘‘May 15, In this Act: challenge for all beneficiaries, but it 2006’’ and inserting ‘‘December 31, 2006’’; and (1) FORMER NINTH CIRCUIT.—The term will be most difficult for those who are (2) by adding at the end the following new ‘‘former ninth circuit’’ means the ninth judi- frail and living with problems like de- sentence: cial circuit of the United States as in exist- mentia. The task will be virtually im- ‘‘An individual making an election during ence on the day before the effective date of possible for Hurricane Katrina victims the period beginning on November 15, 2006, this Act. who do not have permanent addresses and ending on December 15, 2006, shall speci- (2) NEW NINTH CIRCUIT.—The term ‘‘new ninth circuit’’ means the ninth judicial cir- and, therefore, won’t even be able to fy whether the election is to be effective with respect to 2006 or with respect to 2007 cuit of the United States established by the obtain Part D materials. Yet, bene- (or both).’’. amendment made by section 3(2)(A). ficiaries who do not act by the May 15, SEC. 3. ONE-TIME CHANGE OF PLAN ENROLL- (3) TWELFTH CIRCUIT.—The term ‘‘twelfth 2006 deadline and who enroll at a later MENT FOR MEDICARE PRESCRIP- circuit’’ means the twelfth judicial circuit of date will face a substantial financial TION DRUG BENEFIT DURING ALL the United States established by the amend- penalty. OF 2006. ment made by section 3(2)(B). In response, we are introducing this (a) APPLICATION TO MA–PD PLANS.—Sec- SEC. 3. NUMBER AND COMPOSITION OF CIR- legislation which will provide added tion 1851(e) of the Social Security Act (42 CUITS. U.S.C. 1395w–21(e)) is amended— Section 41 of title 28, United States Code, protections for beneficiaries during the (1) in paragraph (2)(B)— is amended— first year of the new program. By de- (A) in the heading, by striking ‘‘FOR FIRST (1) in the matter preceding the table, by laying late enrollment penalties and 6 MONTHS’’; striking ‘‘thirteen’’ and inserting ‘‘four- giving every beneficiary a chance to (B) in clause (i)— teen’’; and

VerDate Mar 15 2010 20:27 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06OC5.PT2 S06OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11232 CONGRESSIONAL RECORD — SENATE October 6, 2005 (2) in the table— SEC. 10. SENIORITY OF JUDGES. hold a district court in any district within (A) by striking the item relating to the The seniority of each judge— the Ninth Circuit. ninth circuit and inserting the following: (1) who is assigned under section 8, or ‘‘(h) Any designations or assignments ‘‘Ninth ...... California, Guam, Ha- (2) who elects to be assigned under section under subsection (f) or (g) shall be in con- waii, Northern Mariana 9, formity with the rules or orders of the court Islands.’’; shall run from the date of commission of of appeals of, or the district within, as appli- and such judge as a judge of the former ninth cir- cable, the circuit to which the judge is des- (B) by inserting after the item relating to cuit. ignated or assigned.’’. the eleventh circuit the following: SEC. 11. APPLICATION TO CASES. SEC. 14. ADMINISTRATION. ‘‘Twelfth ...... Alaska, Arizona, Idaho, The following apply to any case in which, The court of appeals for the ninth circuit Montana, Nevada, Or- on the day before the effective date of this as constituted on the day before the effective egon, Washington.’’. Act, an appeal or other proceeding has been date of this Act may take such administra- SEC. 4. JUDGESHIPS. filed with the former ninth circuit: tive action as may be required to carry out (a) NEW JUDGESHIPS.—The President shall (1) Except as provided in paragraph (3), if this Act and the amendments made by this appoint, by and with the advice and consent the matter has been submitted for decision, Act. Such court shall cease to exist for ad- of the Senate, 5 additional circuit judges for further proceedings with respect to the mat- ministrative purposes 2 years after the date the new ninth circuit court of appeals, whose ter shall be had in the same manner and with of enactment of this Act. official duty station shall be in California. the same effect as if this Act had not been SEC. 15. AUTHORIZATION OF APPROPRIATIONS. (b) TEMPORARY JUDGESHIPS.— enacted. There are authorized to be appropriated (1) APPOINTMENT OF JUDGES.—The Presi- (2) If the matter has not been submitted such sums as may be necessary to carry out dent shall appoint, by and with the advice for decision, the appeal or proceeding, to- this Act, including funds for additional court and consent of the Senate, 2 additional cir- gether with the original papers, printed facilities. cuit judges for the former ninth circuit court records, and record entries duly certified, of appeals, whose official duty stations shall shall, by appropriate orders, be transferred SEC. 16. EFFECTIVE DATE. be in California. to the court to which the matter would have Except as provided in section 4(c), this Act (2) EFFECT OF VACANCIES.—The first 2 va- been submitted had this Act been in full and the amendments made by this Act shall cancies occurring on the new ninth circuit force and effect at the time such appeal was take effect 12 months after the date of enact- court of appeals 10 years or more after judges taken or other proceeding commenced, and ment of this Act. are first confirmed to fill both temporary further proceedings with respect to the case circuit judgeships created by this subsection shall be had in the same manner and with By Mr. SALAZAR (for himself shall not be filled. the same effect as if the appeal or other pro- and Mr. ALLARD): (c) EFFECTIVE DATE.—This section shall ceeding had been filed in such court. S. 1848. A bill to promote remediation take effect on the date of the enactment of (3) If a petition for rehearing en banc is of inactive and abandoned mines, and this Act. pending on or after the effective date of this for other purposes; to the Committee SEC. 5. NUMBER OF CIRCUIT JUDGES. Act, the petition shall be considered by the on Environment and Public Works. The table contained in section 44(a) of title court of appeals to which it would have been Mr. SALAZAR. Mr. President, I rise 28, United States Code, is amended— submitted had this Act been in full force and (1) by striking the item relating to the effect at the time that the appeal or other to make a statement regarding an im- ninth circuit and inserting the following: proceeding was filed with the court of ap- portant bill I am introducing today. It ‘‘Ninth ...... 20’’; peals. is a bill that is meant to provide a and SEC. 12. TEMPORARY ASSIGNMENT OF CIRCUIT straightforward and commonsense fix (2) by inserting after the item relating to JUDGES AMONG CIRCUITS. to a nettlesome problem that plagues the eleventh circuit the following: Section 291 of title 28, United States Code, communities throughout the west: pol- is amended by adding at the end the fol- ‘‘Twelfth ...... 14’’. lution from abandoned mines. lowing: The bill simply says that we should SEC. 6. PLACES OF CIRCUIT COURT. ‘‘(c) The chief judge of the Ninth Circuit The table contained in section 48(a) of title may, in the public interest and upon request make life easier for Good Samaritans. 28, United States Code, is amended— by the chief judge of the Twelfth Circuit, Surprisingly, that is not currently the (1) by striking the item relating to the designate and assign temporarily any circuit case. ninth circuit and inserting the following: judge of the Ninth Circuit to act as circuit The Western United States is ‘‘Ninth ...... Honolulu, Pasadena, San judge in the Twelfth Circuit. pockmarked with old mines and min- Francisco.’’; ‘‘(d) The chief judge of the Twelfth Circuit ing residues, and many of these sites and may, in the public interest and upon request continuously pollute the water, the (2) by inserting after the item relating to by the chief judge of the Ninth Circuit, des- land, and the air. Our rivers and the eleventh circuit the following: ignate and assign temporarily any circuit streams suffer particularly from this ‘‘Twelfth ...... Las Vegas, Missoula, judge of the Twelfth Circuit to act as circuit Phoenix, Portland, Se- judge in the Ninth Circuit.’’. type of pollution. attle.’’. SEC. 13. TEMPORARY ASSIGNMENT OF DISTRICT In many cases, no one alive is legally SEC. 7. LOCATION OF TWELFTH CIRCUIT HEAD- JUDGES AMONG CIRCUITS. responsible for cleaning these sites. In QUARTERS. Section 292 of title 28, United States Code, other cases, those who are legally re- The offices of the Circuit Executive of the is amended by adding at the end the fol- sponsible lack the money or other re- Twelfth Circuit and the Clerk of the Court of lowing: sources necessary to clean them up, the Twelfth Circuit shall be located in Phoe- ‘‘(f) The chief judge of the United States nix, Arizona. and the pollution continues. Court of Appeals for the Ninth Circuit may Fortunately, some people and some SEC. 8. ASSIGNMENT OF CIRCUIT JUDGES. in the public interest— Each circuit judge of the former ninth cir- ‘‘(1) upon request by the chief judge of the companies are willing to clean up mine cuit who is in regular active service and Twelfth Circuit, designate and assign 1 or sites in whole or in part, even though whose official duty station on the day before more district judges within the Ninth Circuit they are not legally responsible. These the effective date of this Act— to sit upon the Court of Appeals of the are Good Samaritans. (1) is in California, Guam, Hawaii, or the Twelfth Circuit, or a division thereof, when- They act for many reasons. Some are Northern Mariana Islands shall be a circuit ever the business of that court so requires; people who live nearby and suffer di- judge of the new ninth circuit as of such ef- and rectly from the pollution. Others are fective date; and ‘‘(2) designate and assign temporarily any companies that want to perform a serv- (2) is in Alaska, Arizona, Idaho, Montana, district judge within the Ninth Circuit to Nevada, Oregon, or Washington shall be a hold a district court in any district within ice to the community and to address circuit judge of the twelfth circuit as of such the Twelfth Circuit. less fortunate aspects of the history of effective date. ‘‘(g) The chief judge of the United States the mining industry. Still others act SEC. 9. ELECTION OF ASSIGNMENT BY SENIOR Court of Appeals for the Twelfth Circuit may for other reasons. JUDGES. in the public interest— Unfortunately, though, our environ- Each judge who is a senior circuit judge of ‘‘(1) upon request by the chief judge of the mental laws create great risks of the former ninth circuit on the day before Ninth Circuit, designate and assign 1 or more broad, long term, and very expensive li- the effective date of this Act may elect to be district judges within the Twelfth Circuit to abilities for anyone who acts at a mine assigned to the new ninth circuit or the sit upon the Court of Appeals of the Ninth twelfth circuit as of such effective date and Circuit, or a division thereof, whenever the site, even if they act only as Good Sa- shall notify the Director of the Administra- business of that court so requires; and maritans. This problem understandably tive Office of the United States Courts of ‘‘(2) designate and assign temporarily any dissuades Good Samaritans from clean- such election. district judge within the Twelfth Circuit to ing mine sites.

VerDate Mar 15 2010 20:27 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06OC5.PT2 S06OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 6, 2005 CONGRESSIONAL RECORD — SENATE S11233 My bill is designed to fix this prob- (1) the Federal Government and State gov- (3) to ensure that remediation performed lem. It is written to encourage meri- ernments encouraged hard rock mining in by Good Samaritans creates actual and sig- torious projects to proceed provided the United States through a wide variety of nificant environmental benefits; they have the full approval of the gov- laws, policies, and actions; (4) to ensure that remediation by Good Sa- (2) the mining activities that took place maritans is carried out— ernments involved and full participa- disturbed public and private land, and those (A) with the approval and agreement, and tion by the public—all to benefit the disturbances led to considerable environ- in the discretion, of affected Federal, State, environment. mental pollution; and local authorities and with review by the This bill intentionally is simple and (3) many areas in which hard rock mining public; and intentionally straightforward. No Good took place in the United States are now in- (B) in a manner that is beneficial to the Samaritan project will proceed unless active and abandoned mine sites; environment and all affected communities; it creates a true, overall environmental (4) many inactive and abandoned mine and sites pollute the environment today and will benefit. No project will gain approval (5) to create an efficient permit process continue to do so indefinitely unless remedi- under which the cost and complexity of ob- unless the U.S. Environmental Protec- ated; tion Agency, the state involved, and taining a permit are commensurate with the (5) adits and other tunnels will continue to scope of remediation work to be completed local authorities affected agree that it drain pollutants to surface and ground water and the environmental benefits from the is a good thing. The public will be fully through gravity flow; work; (6) surface runoff will continue to pick up involved in the process from the very (6) to avoid permitting for ongoing, for- pollutants as the runoff moves over dis- beginning. profit businesses that specialize in multiple turbed ground and transports pollutants to And, finally, the permit system and Good Samaritan projects that are designed surface waters; and to be permitted outside otherwise applicable the standards in the bill are inten- (7) tailings and other materials left ex- Federal, State, and local environmental tionally uncomplicated, so that per- posed to the elements will continue to blow mits for simple projects can be issued in the wind and pollute the atmosphere and laws; and using simple proceedings. soils; (7) to ensure that the protections for Good My idea is to make clear that the (8) many of the individuals and corporate Samaritans provided in this Act are inter- work of Good Samaritans is very wel- owners and operators of those mines, who preted in accordance with the purposes of this Act and to enhance the public good. come. Some cleanup of the environ- caused this pollution, are no longer alive or ment in these circumstances is far bet- in existence; SEC. 3. REMEDIATION OF INACTIVE OR ABAN- (9) some of the remaining owners and oper- ter than none at all. DONED MINES BY GOOD SAMARI- ators who remain do not have resources that TANS. The bill encourages Good Samaritans are adequate to conduct remediation prop- to clean pollution by freeing them erly under applicable environmental laws, (a) DEFINITIONS.—In this section: from the large environmental liabil- for all practical purposes leaving no one re- (1) ADMINISTRATOR.—The term ‘‘Adminis- ities that ordinarily burden anyone sponsible for the cleanup of pollution from trator’’ means the Administrator of the En- vironmental Protection Agency. who acts to fix the pollution. those sites; (10) inactive and abandoned mine sites are (2) COOPERATING AGENCY.—The term ‘‘co- The bill applies to the cleanup of operating agency’’ means any Federal, State, non-coal inactive and abandoned mines located in areas of known economic min- eralization; or local agency or other person (other than anywhere in the United States. (11) modern mining activities often take the Administrator) that— Its approach—which wraps all envi- place on or in the vicinity of the area in (A) is authorized under Federal or State ronmental requirements for a Good Sa- which historic hard rock mining activities law, or local ordinance, to participate in maritan project into a single permit took place; issuing a permit under this section; and that must be agreed to first by the (12) from time to time, individuals and (B) elects to participate in the process of Federal Government, the affected companies are willing to remediate historic issuing the permit. State, and local communities—is mine sites for the public good as Good Sa- (3) ENVIRONMENTAL LAW.—The term ‘‘envi- maritans, despite the fact that these individ- ronmental law’’ includes— straightforward. (A) the Toxic Substances Control Act (15 Its inclusion of the states and local uals and companies are not legally required to remediate the mine sites; U.S.C. 2601 et seq.); communities as well as the affected (13) Good Samaritan remediation activities (B) the Federal Water Pollution Control publics—including by assuring that may— Act (33 U.S.C. 1251 et seq.); State and local authorities have a say (A) vary in size and complexity; (C) the Safe Drinking Water Act (42 U.S.C. in the provision of any permit—are (B) reflect the myriad ways that mine res- 300f et seq.); based on the best traditions of the idue may be cleaned up; and (D) the National Environmental Policy Act west. (C) include, among other activities— of 1969 (42 U.S.C. 4321 et seq.); And its impact is clear—only projects (i) the relocation or management of (E) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); that benefit the environment will be tailings or other waste piles; (ii) passive or active water treatment; (F) the Clean Air Act (42 U.S.C. 7401 et permitted, and the work done pursuant (iii) runoff or run-on controls; and seq.); to that permit will be afforded clear (iv) the use or reprocessing of, or removal (G) the Uranium Mill Tailings Radiation legal protection. of materials from, mine residue; Control Act of 1978 (42 U.S.C. 7901 et seq.); I am proud of this bill. It is the result (14) the potential environmental liabilities (H) the Comprehensive Environmental Re- of a series of meetings I held around that may attach to those Good Samaritans sponse, Compensation, and Liability Act of my state earlier this year. And it is en- as a result of the remediation can dissuade 1980 (42 U.S.C. 9601 et seq.); dorsed by the National Mining Associa- those Good Samaritans from acting for the (I) applicable environmental laws of a tion, the Colorado Mining Association, public good; State; and (15) it is in the interest of the United (J) applicable environmental ordinances of and the Great State of Colorado. a political subdivision of a State. It is the right thing to do, and I look States, the States, and local communities to remediate historic mine sites, in appropriate (4) GOOD SAMARITAN.—The term ‘‘Good Sa- forward to working with my colleagues circumstances and to the maximum extent maritan’’ means a person that— to ensure its enactment. practicable, so that the environmental im- (A) is unrelated, by operation or ownership I ask unanimous consent that the pacts of the sites are lessened into the fu- (except solely through succession to title), to text of my bill be printed in the ture; and the historic mine residue to be remediated RECORD. (16) if appropriate protections are provided under this section; There being no objection, the bill was for Good Samaritans, Good Samaritans will (B) had no role in the creation of the his- ordered to be printed in the RECORD, as have a greater incentive to remediate those toric mine residue; follows: sites for the public good. (C) had no significant role in the environ- (b) PURPOSES.—The purposes of this Act mental pollution caused by the historic mine S. 1848 are— residue; and Be it enacted by the Senate and House of Rep- (1) to encourage partial or complete reme- (D) is not liable under any Federal, State, resentatives of the United States of America in diation of inactive and abandoned mining or local law for the remediation of the his- Congress assembled, sites for the public good by persons who are toric mine residue. SECTION 1. SHORT TITLE. not otherwise legally responsible for the re- (5) HISTORIC MINE RESIDUE.— This Act may be cited as the ‘‘Cleanup of mediation; (A) IN GENERAL.—The term ‘‘historic mine Inactive and Abandoned Mines Act’’. (2) to provide appropriate protections for residue’’ means mine residue or conditions at SEC. 2. FINDINGS AND PURPOSES. Good Samaritans under applicable environ- an inactive or abandoned mine site that pol- (a) FINDINGS.—Congress finds that— mental laws; lute the environment.

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(B) INCLUSIONS.—The term ‘‘historic mine (F) a State remediation program described (9) a description of the manner in which residue’’ may include, among other mate- in subsection (d) shall be in effect for reme- the remediation will assist the mine site in rials— diation of the mine site. meeting, to the maximum extent reasonable (i) ores; (2) OTHER ACTIVITIES.—Any activity other and practicable under the circumstances, (ii) minerals; than the activities described in paragraph water quality standards; (iii) equipment (or materials in equip- (1)(D) conducted by the permittee or any (10) a schedule for the work to be carried ment); other person at the mine site (including, out under the project; (iv) wastes from extractions, beneficiation, without limitation, any mining or processing (11) a budget for the work to be carried out or other processing; and in addition to that required for the remedi- under the project; (v) acidic or otherwise polluted flows in ation of historic mine residue for the public (12) a description of financial assurances, if surface or ground water. good)— any, to be provided by the permittee to en- (6) INACTIVE OR ABANDONED MINE SITE; MINE (A) shall not be authorized under a permit sure that the permitted work, including any SITE.—The terms ‘‘inactive or abandoned issued under this section; and operation and maintenance, will be com- mine site’’ and ‘‘mine site’’ mean the site of (B) may be authorized under other applica- pleted; a mine and associated facilities that— ble laws, including environmental laws. (13) a description of a monitoring program (A) were used for the production of a min- (d) STATE REMEDIATION PROGRAM.— following remediation (if any) that will be eral other than coal; (1) IN GENERAL.—Before a permit may be implemented to evaluate the effects of the (B) have historic mine residue; and issued to carry out a project in a State under remediation on the environment; (C) are abandoned or inactive as of the date this section, the State shall have in effect a (14) a detailed plan for the required oper- on which an application is submitted for a State remediation program that meets the ation and maintenance of any remediation; permit under this section. requirements of this subsection. and (7) INDIAN TRIBE.—The term ‘‘Indian tribe’’ (2) REQUIREMENTS.—To meet the require- (15) a list of all environmental laws for has the meaning given the term in section 4 ments of this subsection, under the State re- which the applicant seeks the protection de- of the Indian Self-Determination and Edu- mediation program, the State shall— scribed in paragraphs (1) and (2) of sub- cation Assistance Act (25 U.S.C. 450b). (A) agree to participate, as a signatory, in section (g). each project for a which a permit for remedi- (8) PERSON.—The term ‘‘person’’ includes— (f) PERMIT ISSUANCE.— (A) an individual; ation in the State is issued under this sec- tion; (1) IN GENERAL.—The Administrator may (B) a firm; issue a permit under this section to carry (C) a corporation; (B) agree that a permittee shall comply with the terms and conditions of the permit out a project for the remediation of an inac- (D) an association; in lieu of compliance with applicable envi- tive or abandoned mine site in a State only (E) a partnership; ronmental laws specifically described in the if— (F) a consortium; permit in accordance with subsection (A) the Administrator determines that— (G) a joint venture; (h)(1)(B); (i) the project will improve the environ- (H) a commercial entity; (C) authorize State agencies and political ment on or in the area of the mine site to a (I) a nonprofit organization; subdivisions of the State to participate in significant degree, as determined by the Ad- (J) the Federal Government; the permit process under this section, as ap- ministrator; (K) a State; propriate, and assist in providing the re- (ii) the project will not degrade any aspect (L) a political subdivision of a State; sources to enable that participation; and of the environment in any area to a signifi- (M) an interstate entity; and (D) designate a lead State agency that is cant degree; (N) a commission. responsible to carry out permitting respon- (iii) the project will meet applicable water (9) STATE.—The term ‘‘State’’ means— sibilities of the State under this section. quality standards, to the maximum extent (A) a State; and (e) APPLICATION FOR PERMITS.—To obtain a reasonable and practicable under the cir- (B) an Indian tribe. permit to carry out a project to remediate cumstances; (b) PERMITS.—The Administrator may an inactive or abandoned mine site under (iv) the permittee has the financial and issue a permit to a Good Samaritan to carry this section, an applicant shall submit to the other resources to complete, and will com- out a project to remediate all or part of an Administrator an application, signed by the plete, the permitted work; and inactive or abandoned mine site in accord- applicant, that provides— (v) the project meets the requirements of ance with this section. (1) a description of the mine site (including this section; (c) ELIGIBILITY FOR PERMITS.— the boundaries of the mine site); (B) the State concurs with the issuance of, (1) IN GENERAL.—To be eligible for a permit (2) an identification of— and signs, the permit; to carry out a project to remediate an inac- (A) any current owner or operator of the (C) if the permit provides protection for tive or abandoned mine site in a State under mine site; and the permittee under an environmental law of this section— (B) any person with a legal right to exclude a political subdivision of a State in accord- (A) the mine site shall be located in the other persons from the mine site or affect ac- ance with paragraphs (1) and (2) of sub- United States; tivities on the mine site, with a description section (g), the political subdivision concurs (B) the principal purpose of the project of those legal rights; with the issuance of, and signs, the permit; shall be the reduction of pollution caused by (3) evidence satisfactory to the Adminis- and historic mine residue; trator that the applicant has or will acquire (D) if the proposed project is to be carried (C) the mine site may not be a mine site all legal rights necessary to enter the mine out on Federal land, each State (or political included on the national priorities list under site and to perform the remediation de- subdivision) within which the Federal land is section 105(a)(8)(B) of the Comprehensive En- scribed in the application; located meets the requirements of subpara- vironmental Response, Compensation, and (4) a description, based on the conduct of graphs (B) and (C). Liability Act of 1980 (42 U.S.C. 9605(a)(8)(B)) an inquiry that is reasonable under the cir- (2) DISCRETIONARY ACTIONS.—The issuance except in a case in which the Administrator cumstances, of— of a permit by the Administrator, and the determines, on a case-by-case basis, that— (A) all persons that may be legally respon- concurrence of the affected State and polit- (i) the remediation project proposed to be sible for the remediation of the mine site; ical subdivisions of a State to participate in carried out at the mine site is minor as com- and the permit process, shall be discretionary ac- pared to all remediation activity needed at (B) any relationship between those persons tions and shall be taken in the public inter- the listed mine site; and the applicant; est. (ii) the conduct of the proposed remedi- (5) a certification that the applicant knows (3) FUNCTIONAL EQUIVALENCY.—No action of ation project at the listed mine site will not of no other person that (as of the date of sub- the Administrator or any other person pur- interfere with any other remediation at the mission of the application)— suant to this section shall constitute a mine site that is reasonably likely to occur; (A) is potentially legally responsible for major Federal action significantly affecting and the remediation of the mine site; and the quality of the human environment under (iii) except for the remediation project pro- (B) has sufficient resources to complete the the National Environmental Policy Act (42 posed by the Good Samaritan at the mine remediation; U.S.C. 4321 et seq.). site under this Act, there is not likely to be (6) a detailed description of the historic (4) DEADLINE.— remediation of the historic mine residue that mine residue to be remediated; (A) IN GENERAL.—The Administrator shall is the subject of the project at the listed (7) a description of the baseline conditions issue or deny a permit for the remediation of mine site in the reasonably foreseeable fu- (as of the date of submission of the applica- a mine site not later than— ture; tion) of the environment affected by the his- (i) the date that is 180 days after the date (D) the permit shall authorize only those toric mine residue to be remediated; of receipt by the Administrator of an appli- activities that are directly required for the (8) a description of— cation for the permit that, as determined by remediation of historic mine residue at the (A) the nature and scope of the proposed the Administrator, is complete; or mine site; remediation; and (ii) such later date as may be determined (E) the person obtaining the permit shall (B) detailed engineering plans for the by the Administrator with the agreement of be a Good Samaritan; and project; the applicant.

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(B) CONSTRUCTIVE DENIAL.—If the Adminis- (C) the Administrator includes in the (2) ADMINISTRATION.—When selecting the trator fails to issue or deny the permit in ac- transferred permit any additional conditions type and frequency of the monitoring re- cordance with subparagraph (A), the applica- necessary to meet the goals of this section. quirements to be included in a permit, if tion shall be considered to be denied by the (6) TERMINATION OF PERMIT.—The authority any, the Administrator shall— Administrator. to carry out work under a permit issued (A) balance the need for monitored infor- (5) REVIEW FOR CERTAIN PROJECTS.—A under this section shall terminate if the mation against the cost of the monitoring, project that, as determined by the Adminis- work does not commence by the date that is based on the circumstances relating to the trator, would be less complex, or pose less 18 months after the date of issuance of the remediation; and risk, than other projects under review by the permit. (B) take into account the scope of the Administrator for a permit under this sec- (i) ROLE OF ADMINISTRATOR.—In carrying project. tion, may be reviewed, at the discretion of out this section, the Administrator shall— (3) MULTIPARTY MONITORING.—The Admin- the Administrator, under a more simple and (1) consult with prospective applicants; istrator may approve in a permit the con- rapid review process under this subsection. (2) accept permit applications under this duct of monitoring by multiple parties if, as (g) EFFECT OF PERMITS.— section; determined by the Administrator, the (1) IN GENERAL.—A permit issued under this (3) convene, coordinate, and lead the appli- multiparty monitoring will effectively ac- section to carry out a project for the remedi- cation review process; complish the goals of this section. ation of an inactive or abandoned mine site— (4) maintain all records relating to the per- (m) ENFORCEMENT.— (A) authorizes the permittee to carry out mit and the permit process; (1) CIVIL PENALTY.—Any person who vio- the activities described in the permit; (5) provide an opportunity for cooperating lates a permit issued under this section shall (B) authorizes enforcement under this sec- agencies and the public to participate in the be subject to a civil penalty of up to $10,000 tion; and permit process; for each day of the violation. (C) provides to the permittee, in carrying (6) issue the permit under this section, if (2) INJUNCTIONS.— out the activities authorized under the per- appropriate; and (A) IN GENERAL.—A court may issue an in- mit, protection from actions taken, obliga- (7) enforce and otherwise carry out this junction— tions, and liabilities arising under the envi- section. (i) mandating that a person comply with a ronmental laws specified in the permit. (j) COOPERATING AGENCIES.—If the Admin- permit or take action to abate a permit vio- (2) CROSS-COMPLIANCE.—A permittee shall istrator learns that an application for the re- lation; or comply with the terms and conditions of a (ii) prohibiting a person from violating a permit issued under this section in lieu of mediation of a mine site under this section permit. compliance with the environmental laws will be submitted to the Administrator, the INIMUM REQUIREMENT.—In the event of specified in the permit with respect to the Administrator shall (as soon as practicable) (B) M work authorized under the permit. provide a notice of the application to— a permit violation, and absent extraordinary (h) CONTENT OF PERMITS.— (1) the lead State agency designated under circumstances, the court shall, at a min- (1) IN GENERAL.—A permit issued under this subsection (d)(2)(D); imum, require— section shall contain— (2) each local government located within a (i) the permittee to repair the damage to (A) a detailed description of the engineer- radius of 20 miles of the mine site; and any part of the environment that is caused ing and other work that is authorized under (3) each Federal and State agency that by an action of the permittee in violation of the permit; may have an interest in the application. the permit; and (B) a specific list of environmental laws, or (k) PUBLIC PARTICIPATION.— (ii) the environment to be restored to the selected provisions of environmental laws, (1) POTENTIAL SUBMISSION OF APPLICA- condition of the environment prior to the ac- with respect to which compliance with the TIONS.—If the Administrator learns that an tion of the permittee in violation of the per- permit will operate in lieu of compliance application for the remediation of a mine mit. with the laws; site under this section will be submitted to (3) AGENCIES.—Any government agency (C) a provision that states that the per- the Administrator, the Administrator shall that signs a permit issued under this section mittee is responsible for securing, for all ac- (as soon as practicable) provide to the public may enforce the permit through appropriate tivities authorized under the permit, all au- a notice that describes— administrative or judicial proceedings. thorizations, licenses, and permits that are (A) the location of the mine site; (n) JUDICIAL REVIEW.—A court may set required under applicable law, other than the (B) the scope and nature of the proposed aside or modify an action of the Adminis- environmental laws described in subsection remediation; and trator in issuing a permit under this section, (g)(2); and (C) the name of the Good Samaritan that or an action of a State or political subdivi- (D) any other terms and conditions that will be carrying out the proposed remedi- sion of a State in signing a permit, only on are determined to be appropriate by the Ad- ation. clear and convincing evidence of an abuse of ministrator. (2) RECEIPT OF APPLICATION.—If the Admin- discretion. (2) INVESTIGATIVE SAMPLING.— istrator receives an application for the reme- (o) SAVINGS PROVISIONS.— (A) IN GENERAL.—A permit may identify an diation of a mine site under this section, the (1) EMERGENCY AUTHORITY.—Nothing in appropriate program of investigative sam- Administrator shall (as soon as practicable) this section affects the authority of a Fed- pling to be completed prior to remediation, provide to the public a notice that provides eral, State, or local agency to carry out any as determined by the Administrator upon ap- the information described in paragraph (1). emergency authority, including an emer- plication. (3) HEARING.— gency authority provided under any environ- (B) OPTION TO DECLINE REMEDIATION.—In (A) IN GENERAL.—Not later than 45 days mental law listed in a permit. the event that investigative sampling is au- after the date of receipt of a complete appli- (2) LIABILITY.—Except to the extent that a thorized, the permit may allow the per- cation for the remediation of a mine site permit provides protection under an environ- mittee to decline to undertake remediation under this section, the Administrator shall mental law specified in a permit in accord- based upon sampling results. hold a hearing in the vicinity of the mine ance with subsection (g)(1)(C), nothing in (C) PERMIT MODIFICATION.—Based upon site to be remediated. this section or a permit issued under this sampling results, a permittee may apply for (B) COMMENTS.—At the hearing, the Ad- section limits the liability of any person (in- a permit modification using the permit pro- ministrator shall provide the applicant, the cluding a permittee) under any other provi- cedures in this Act. public, and cooperating agencies with the op- sion of law. (3) TIMING.—Work authorized under a per- portunity to comment on the application. (p) REGULATIONS.— mit shall— (4) NOTICE OF PENDING ISSUANCE.—Not less (1) IN GENERAL.—The Administrator may (A) commence not later than the date that than 14 days before the date of issuance of a promulgate such regulations as are nec- is 18 months after the date of issuance of the permit for the remediation of a mine site essary to carry out this section. permit; and under this section, the Administrator shall (2) EFFECTIVENESS.—This section shall be (B) continue until completed, with tem- provide to the public and each cooperating effective regardless of whether regulations porary suspensions permitted during adverse agency notice of the pending issuance of the are promulgated by the Administrator under weather or other conditions specified in the permit. paragraph (1). permit. (5) PUBLIC RECORDS.—All records relating (4) SIGNATURE BY PERMITTEE.—The signa- to the permit and the permit process shall be Mr. SALAZAR. Mr. President, I ask ture of the permittee on the permit shall be considered to be public records, except to the unanimous consent that the text of the considered to be an acknowledgment by the extent the records are subject to a legal bills be printed in the RECORD. permittee that the permittee accepts the privilege. There being no objection, the bills terms and conditions of the permit. (l) MONITORING.— were ordered to be printed in the (5) TRANSFER OF PERMITS.—A permit may (1) IN GENERAL.—The permittee shall take RECORD, as follows: be transferred to another person only if— such actions as the Administrator deter- (A) the Administrator determines that the mines are necessary to ensure appropriate S. 1850 transferee will satisfy all of the require- baseline and post-remediation monitoring of Be it enacted by the Senate and House of Rep- ments of the permit; the environment under paragraphs (7) and resentatives of the United States of America in (B) the transferee signs the permit; and (13) of subsection (e). Congress assembled,

VerDate Mar 15 2010 20:27 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06OC5.PT2 S06OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11236 CONGRESSIONAL RECORD — SENATE October 6, 2005 SECTION 1. SHORT TITLE. Secretary of Transportation shall issue a ‘‘(I) described in subsection (d)(5)(A)(ii)(I), This Act may be cited as the ‘‘Rapid Effi- final rule regarding policies and procedures $2,325, ciency Credit Act of 2005’’. for testing and labeling tires for fuel econ- ‘‘(II) described in the second sentence of SEC. 2. ACCELERATION OF CERTAIN ENERGY IN- omy that— subsection (d)(5)(A), $2,900, and COME TAX CREDITS. (1) secures the maximum technically fea- ‘‘(III) described in subsection Sections 1333(c), 1335(c), 1336(e), 1337(d), sible and cost-effective fuel savings; (d)(5)(A)(ii)(II), $3,475.’’. 1341(c), and 1342(c) of the Energy Policy Act (2) does not adversely affect tire safety; (b) YEARS AFTER RECOVERY PERIOD.—Sec- of 2005 are each amended by striking ‘‘De- (3) does not adversely affect average tire tion 280F(a)(1)(B)(ii) of such Code is amended cember 31, 2005’’ and inserting ‘‘the date of life; and to read as follows: the enactment of the Rapid Efficiency Credit (4) establishes minimum fuel economy ‘‘(ii) LIMITATION.—The amount treated as Act of 2005’’. standards for tires. an expense under clause (i) for any taxable SEC. 3. CREDIT FOR ENERGY STAR COMPLIANT (c) EFFECTIVE DATE.—The amendment year shall not exceed for any passenger auto- COMPACT FLUORESCENT LIGHT made by subsection (a) shall take effect on mobile— BULBS. the expiration of the date that is 180 days ‘‘(I) described in subsection (d)(5)(A)(ii)(I), (a) ALLOWANCE OF CREDIT.—Subsection (a) after the date of enactment of this Act. $2,325, of section 25D(a) of the Internal Revenue S. 1852 ‘‘(II) described in the second sentence of Code of 1986 (relating to residential energy subsection (d)(5)(A), $2,900, and efficient property) is amended— Be it enacted by the Senate and House of Rep- ‘‘(III) described in subsection (1) by striking ‘‘and’’ at the end of para- resentatives of the United States of America in (d)(5)(A)(ii)(II), $3,475.’’. graph (2), Congress assembled, (2) by striking the period at the end of SECTION 1. SHORT TITLE. (c) INFLATION ADJUSTMENT.—Section paragraph (3) and inserting ‘‘, and’’, and This Act may be cited as the ‘‘Reducing 280F(d)(7) of such Code (relating to auto- (3) by adding at the end the following new the Incentives to Guzzle Gas Act’’. mobile price inflation adjustment) is amend- paragraph: SEC. 2. INCLUSION OF HEAVY VEHICLES IN LIMI- ed— ‘‘(4) 30 percent of the qualified compact flu- TATION ON DEPRECIATION OF CER- (1) by striking ‘‘after 1988’’ in subparagraph orescent light expenditures made by the tax- TAIN LUXURY AUTOMOBILES. (A) and inserting ‘‘after 2006’’, and payer during such year.’’. (a) IN GENERAL.—Section 280F(d)(5)(A) of (2) by striking subparagraph (B) and insert- (b) MAXIMUM CREDIT.—Subsection (b)(1) of the Internal Revenue Code of 1986 (defining ing the following new subparagraph: section 25D of such Code is amended— passenger automobile) is amended— ‘‘(B) AUTOMOBILE PRICE INFLATION ADJUST- (1) by striking ‘‘and’’ at the end of subpara- (1) by striking clause (ii) and inserting the MENT.—For purposes of this paragraph— graph (B), following new clause: ‘‘(i) IN GENERAL.—The automobile price in- (2) by striking the period at the end of sub- ‘‘(ii)(I) which is rated at 6,000 pounds un- flation adjustment for any calendar year is paragraph (C) and inserting ‘‘, and’’, and loaded gross vehicle weight or less, or the percentage (if any) by which— (3) by adding at the end the following new ‘‘(II) which is rated at more than 6,000 ‘‘(I) the average wage index for the pre- subparagraph: pounds but not more than 14,000 pounds gross ceding calendar year, exceeds ‘‘(D) $50 with respect to any qualified com- vehicle weight.’’, ‘‘(II) the average wage index for 2005. pact fluorescent light expenditure.’’. (2) by striking ‘‘clause (ii)’’ in the second ‘‘(ii) AVERAGE WAGE INDEX.—The term ‘av- (c) DEFINITION.—Section 25D(d) of such sentence and inserting ‘‘clause (ii)(I)’’. erage wage index’ means the average wage Code is amended by adding at the end the (b) EXCEPTION FOR VEHICLES USED IN FARM- index published by the Social Security Ad- following new paragraph: ING BUSINESS.—Section 280F(d)(5)(B) of such ministration.’’. ‘‘(4) QUALIFIED COMPACT FLUORESCENT Code (relating to exception for certain vehi- (d) EFFECTIVE DATE.—The amendments LIGHT EXPENDITURE.—The term ‘qualified cles) is amended by striking ‘‘and’’ at the made by this section shall apply to property compact fluorescent light expenditure’ end of clause (ii), by redesignating clause placed in service after the date of the enact- means an expenditure for Energy Star com- (iii) as clause (iv), and by inserting after ment of this Act. pliant compact fluorescent light bulbs for clause (ii) the following new clause: SEC. 4. EXPENSING LIMITATION FOR FARM VEHI- use in a dwelling unit located in the United ‘‘(iii) any vehicle used in a farming busi- CLES. ness (as defined in section 263A(e)(4), and’’. States and used as a residence by the tax- (a) IN GENERAL.—Paragraph (6) of section (c) EFFECTIVE DATE.—The amendments payer.’’. 179(b) of the Internal Revenue Code of 1986 made by this section shall apply to property (d) LABOR COSTS NOT INCLUDED.—Section (relating to limitations) is amended to read placed in service after the date of the enact- 25D(e)(1) of such Code is amended by insert- as follows: ing ‘‘(other than paragraph (4) thereof)’’ ment of this Act. ‘‘(6) LIMITATION ON COST TAKEN INTO AC- after ‘‘subsection (d)’’. SEC. 3. UPDATED DEPRECIATION DEDUCTION COUNT FOR FARM VEHICLES.—The cost of any (e) EFFECTIVE DATE.—The amendments LIMITS. vehicle described in section 280F(d)(5)(B)(iii) made by this section shall apply to property (a) IN GENERAL.—Subparagraph (A) of sec- for any taxable year which may be taken placed in service after the date of the enact- tion 280F(a)(1) of the Internal Revenue Code into account under this section shall not ex- ment of this Act, in taxable years ending of 1986 (relating to limitation on amount of ceed $30,000.’’. after such date. depreciation for luxury automobiles) is (b) EFFECTIVE DATE.—The amendment S. 1851 amended to read as follows: made by this section shall apply to property ‘‘(A) LIMITATION.—The amount of the de- Be it enacted by the Senate and House of Rep- placed in service after the date of the enact- preciation deduction for any taxable year resentatives of the United States of America in ment of this Act. Congress assembled, shall not exceed for any passenger auto- S. 1853 SECTION 1. FUEL ECONOMY STANDARDS. mobile— (a) IN GENERAL.—Section 30123 of title 49, ‘‘(i) for the 1st taxable year in the recovery Be it enacted by the Senate and House of Rep- United States Code, is amended by adding at period— resentatives of the United States of America in the end the following: ‘‘(I) described in subsection (d)(5)(A)(ii)(I), Congress assembled, $4,000, ‘‘(d) FUEL ECONOMY.—(1) Replacement tires SECTION 1. SHORT TITLE. for passenger motor vehicles (as defined in ‘‘(II) described in the second sentence of This Act may be cited as the ‘‘Reduce Gov- section 32101 of this title) shall meet the subsection (d)(5)(A), $5,000, and ernment Fuel Consumption Act of 2005’’. standards required for tires on new vehicles ‘‘(III) described in subsection under part 571 of title 49, Code of Federal (d)(5)(A)(ii)(II), $6,000, SEC. 2. REDUCTION OF EMPLOYEE VEHICLE Regulations, including standards affecting ‘‘(ii) for the 2nd taxable year in the recov- FUEL CONSUMPTION BY FEDERAL AGENCIES. fuel economy. ery period— ‘‘(2) Nothing in this section shall apply ‘‘(I) described in subsection (d)(5)(A)(ii)(I), Section 543 of the National Energy Con- to— $6,400, servation Policy Act (42 U.S.C. 8253) (as ‘‘(A) a tire, or a group of tires with the ‘‘(II) described in the second sentence of amended by section 103 of the Energy Policy same SKU number, plant, and year, for subsection (d)(5)(A), $8,000, and Act of 2005 (Public Law 109–58)) is amended which the volume of tires produced or im- ‘‘(III) described in subsection by adding at the end the following: ported annually is fewer than 15,000; (d)(5)(A)(ii)(II), $9,600, ‘‘(f) REDUCTION OF EMPLOYEE VEHICLE FUEL ‘‘(B) a deep tread, winter-type, snow tire, ‘‘(iii) for the 3rd taxable year in the recov- CONSUMPTION BY FEDERAL AGENCIES.— space saver tire, or temporary use spare tire; ery period— ‘‘(1) IN GENERAL.—Each agency shall take ‘‘(C) a tire with a normal rim measuring ‘‘(I) described in subsection (d)(5)(A)(ii)(I), such actions as are necessary to reduce the not more than 12 inches in diameter; $3,850, level of fuel consumed by vehicles of employ- ‘‘(D) a motorcycle tire; or ‘‘(II) described in the second sentence of ees of the agency (other than fuel used for ‘‘(E) a tire manufactured specifically for subsection (d)(5)(A), $4,800, and military purposes), in connection with the use in an off-road motorized recreational ve- ‘‘(III) described in subsection employment of the employees, by (to the hicle.’’. (d)(5)(A)(ii)(II), $5,775, and maximum extent practicable) at least 10 per- (b) RULEMAKING.—Not later than 180 days ‘‘(iv) for each succeeding taxable year in cent during the 1-year period beginning on after the date of enactment of this Act, the the recovery period— the date of enactment of this subsection.

VerDate Mar 15 2010 20:27 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06OC5.PT2 S06OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 6, 2005 CONGRESSIONAL RECORD — SENATE S11237

‘‘(2) METHODS.—An agency may use such cent greater than the average price for the tation a refund of all prices paid by the methods as the agency determines are appro- good or service charged by the seller in the plaintiff in excess of conscionable and rea- priate to achieve the target established by designated area during the 30 days prior to sonable prices; paragraph (1), including— the formal declaration of the emergency; and (2) injunctive relief prohibiting the defend- ‘‘(A) telework; (II) outside the designated area of an emer- ant from price gouging or mandating action; ‘‘(B) carpooling; gency if the price is affected by the emer- and ‘‘(C) bicycling and walking to work; gency and if the price reflects a price in- (3) attorneys fees and costs incurred by the ‘‘(D) fuel-efficient trip planning; crease at least 10 percent greater than the plaintiff. ‘‘(E) public transportation use; and average price for the good or service charged (b) RESTITUTION.—The Attorney General of ‘‘(F) limiting travel days for vehicle travel by the seller in the area of the sale during the United States and a State attorney gen- outside the office. the 30 days prior to the formal declaration of eral, in an action brought on behalf of the ‘‘(3) MEASUREMENT.—An agency may use an emergency. citizens of the United States or a State, re- such measures as the agency determines are For purposes of subclause (II), a price is pre- spectively, may recover restitution or appropriate to determine whether the agency sumed to be affected by the emergency if, disgorgement of excess profits on behalf of has achieved the target established by para- within 30 days following the declaration of those citizens. (c) CIVIL PENALTIES.— graph (1), including— the emergency, the price is at least 25 per- (1) IN GENERAL.—A person who violates sec- ‘‘(A) a reduction in travel vehicle travel cent greater than the average price for the tion 4(a) shall be subject to civil penalties of miles reimbursed by the agency; and good or service charged by the seller in the up to $10,000 per incident. ‘‘(B) certification of the methods described area of the sale during the 30 days prior to (2) DISPOSITION OF PENALTIES.—Civil pen- in paragraph (2).’’. the formal declaration of the emergency. alties collected through an action by the S. 1854 (ii) NEGATIVE.—A price for a good or serv- United States Attorney General shall be de- ice is not unreasonable and unconscionable if Be it enacted by the Senate and House of Rep- posited in the United States Treasury. Civil it reflects only the cost of the good or serv- resentatives of the United States of America in penalties collected through an action by an Congress assembled, ice to the seller prior to the emergency, the average profit margin of the seller during attorney general of a State shall be depos- SECTION 1. SHORT TITLE. ited in the State’s treasury. The court may This Act may be cited as the ‘‘Treat Emer- the 30 days prior to the formal declaration of an emergency, and the increased costs actu- apportion the deposit of civil penalties as ap- gency Victims Fairly Act of 2005’’. propriate in the circumstances. SEC. 2. FINDINGS. ally incurred by the seller to sell the good or SEC. 6. ATTORNEY GENERAL AUTHORITIES. Congress finds the following: service during or following the emergency. SEC. 4. CAUSE OF ACTION. The Attorney General of the United States (1) Price gouging in emergencies, including shall— natural disasters and other emergencies, is (a) IN GENERAL.—It shall be unlawful for any seller of goods or services to engage in (1) provide assistance to and cooperate reprehensible commercial activity. with the States in State investigations of (2) Emergencies place great strains on price gouging. (b) LITIGATION.—A cause of action under price gouging and in State litigation brought commercial and consumer relationships in under this Act; the areas affected. this section may be brought— (1) in Federal or State court; and (2) create and disseminate guidelines de- (3) Emergencies can strain commercial and (2) by the Federal Government, through signed to assist the public to recognize and consumer relationships in areas beyond the Attorney General, or a State Govern- report price gouging and establish a system those directly damaged or affected by the ment acting through its attorney general. to gather and disseminate information about emergency. (c) VENUE AND PROCEDURE.— instances of reported price gouging; and (4) It is an unfortunate truth that some (1) FEDERAL COURT.—An action in Federal (3) provide grants to offices of the State at- will try to take advantage of others in emer- court under this section may be brought in torneys general of not greater than $50,000 in gency situations by price gouging for con- any court whose jurisdiction includes— order to support the pursuit of price gouging sumer and other commercial goods or serv- (A) the geographic area in which price investigations and other activities. ices. gouging is alleged to have occurred; or SEC. 7. SAVINGS PROVISION. (5) Price gouging can take place prior to, (B) the State which is a plaintiff in the ac- This Act shall not preempt or otherwise af- during, and following natural disasters and tion. fect any State or local law. other emergencies. (2) STATE COURT.—An action in State court (6) Price gouging in commercial and con- f under this section shall conform to State sumer settings affects interstate commerce. rules of procedure. SUBMITTED RESOLUTIONS (7) Price gouging— (d) EXPEDITED FEDERAL CONSIDERATION.— (A) distorts markets without regard to An action under this section in Federal court State lines; shall receive expedited review. SENATE RESOLUTION 268—EX- (B) disturbs and interferes with the flow of (e) INVESTIGATIONS.— PRESSING THE SENSE OF THE commodities and services across State lines; (1) IN GENERAL.—During the course of an SENATE THAT A COMMEMORA- and investigation under this section by the At- (C) creates or exacerbates shortages and TIVE POSTAGE STAMP SHOULD torney General of the United States or a BE ISSUED TO HONOR SCULPTOR interruptions of supplies of materials across State attorney general, whether prior to fil- State lines. ing an action or during such an action, the KORCZAK ZIOLKOWSKI (8) It is in the interest of the United States investigating attorney general may— Mr. JOHNSON (for himelf, Mr. to prohibit and deter price gouging. (A) order any person to file a statement, THUNE, and Mr. LEVIN) submitted the SEC. 3. DEFINITIONS. report in writing, or answer questions in following resolution; which was re- In this Act: writing, under oath or otherwise, concerning ferred to the Committee on Homeland (1) EMERGENCY.—The term ‘‘emergency’’ facts or circumstances reasonably related to Security and Governmental Affairs: means a natural disaster or other cir- alleged price gouging; cumstance or event that is formally declared (B) order any person to provide data or in- S. RES. 268 to be an emergency by Federal or State au- formation the attorney general reasonably Whereas Korczak Ziolkowski was born in thorities. An emergency may be associated deems to be necessary to an investigation; Boston, Massachusetts on September 6, 1908, with a designated area. and the 31st anniversary of the death of Lakota (2) GOODS OR SERVICES.—The term ‘‘goods (C) issue subpoenas to require the attend- leader Crazy Horse; or services’’ means goods or services of any ance of witnesses or the production of rel- Whereas, although never trained in art or type, including food, transportation, hous- evant documents, administer oaths, and con- sculpture, Korczak Ziolkowski began a suc- ing, and energy supplies. duct hearings in aid of the investigation. cessful studio career in New England as a (3) PERSON.—The term ‘‘person’’ means a (2) ENFORCEMENT.—A subpoena issued commissioned sculptor at age 24; natural person, corporation, governmental under this subsection may be enforced in Whereas Korczak Ziolkowski’s marble body, or other entity. Federal or State court. sculpture of composer and Polish leader (4) PRICE GOUGING.— (3) PENALTY.—Failure to comply with an Ignace Jan Paderewski won first prize at the (A) IN GENERAL.—The term ‘‘price gouging’’ order or subpoena under this subsection is 1939 New York World’s Fair and prompted means charging an unreasonable and uncon- subject to a civil penalty of up to $10,000. Lakota Indian Chiefs to invite Ziolkowski to scionable price for a good or service imme- (f) LIMITATION.—An action under this sec- carve a memorial for Native Americans; diately prior to, during, or following an tion shall be brought not later than 3 years Whereas in his invitation letter to Korczak emergency. of the date of the sale of the goods or serv- Ziolkowski, Chief Henry Standing Bear (B) PRESUMPTION.— ices at issue. wrote: ‘‘My fellow chiefs and I would like the (i) AFFIRMATIVE.—A price for a good or SEC. 5. DAMAGES AND PENALTIES. white man to know that the red man has service is presumed to be unreasonable and (a) IN GENERAL.—A prevailing plaintiff great heroes, also.’’; unconscionable— shall be entitled to— Whereas in 1939, Korczak Ziolkowski as- (I) in the designated area of an emergency (1) plaintiff’s damages incurred as a result sisted Gutzon Borglum for a brief time in if it reflects a price increase at least 10 per- of the price gouging, including without limi- carving Mount Rushmore;

VerDate Mar 15 2010 20:27 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06OC5.PT2 S06OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11238 CONGRESSIONAL RECORD — SENATE October 6, 2005 Whereas in 1941, Korczak Ziolkowski met to promote the maintenance of international members of the United States Armed with Chief Henry Standing Bear who taught peace and security in southeast Asia’’, ap- Forces who bravely and faithfully Korczak more about the life of the brave proved August 10, 1964 (Public Law 88-408; 78 served during the Vietnam War. Lakota leader Crazy Horse; Stat. 384), which effectively granted war- During the course of the Vietnam Whereas at the age of 34, Korczak making powers to President Johnson until War, over 58,000 U.S. troops lost their Ziolkowski temporarily put his sculpturing such time as ‘‘peace and security’’ had re- career aside when he volunteered for service turned to Vietnam; lives. In addition, more than 300,000 in World War II, later landing on Omaha Whereas, in 1965, ground combat units of were wounded. To date, more than 1,800 Beach; the United States Armed Forces arrived in members of the United States Armed Whereas after the war, Korczak Ziolkowski Vietnam; Forces remain unaccounted for in Viet- turned down other sculpting opportunities in Whereas, by the end of 1965, there were nam and Southeast Asia. order to accept the invitation of Chief Henry 80,000 troops of the United States Armed Those who did return home from Standing Bear and dedicate the rest of his Forces in Vietnam, and by 1969 the number Vietnam did not have the traditional life to carving the Crazy Horse Memorial in of troops reached a peak of approximately welcome home ceremonies. And they the Black Hills of South Dakota; 543,000; Whereas on June 3, 1948, when work was Whereas, on January 27, 1973, the Paris continue to face many problems, in- begun on the Crazy Horse Memorial, Korczak Peace Accords were signed, which required cluding health problems related to Ziolkowski vowed that the memorial would the release of all United States prisoners-of- Agent Orange exposure, prolonged risk be a nonprofit educational and cultural war held in North Vietnam and the with- for post-traumatic stress disorder, and project, financed solely through private, drawal of all members of the United States homelessness. Of the 250,000 veterans nongovernmental sources, to honor the Na- Armed Forces from South Vietnam; who are homeless every night, the De- tive Americans of North America; Whereas, on March 30, 1973, the United partment of Veterans Affairs estimates Whereas the Crazy Horse Memorial is a States Armed Forces completed the with- that 47 percent of them served during mountain carving-in-progress, and once com- drawal of combat troops from Vietnam; pleted it will be the largest sculpture in the Whereas more than 58,000 members of the the Vietnam era. world; United States Armed Forces lost their lives Veterans of the Vietnam War, and all Whereas since his death on October 20, in Vietnam and more than 300,000 members veterans, are entitled to the best care 1982, Korczak’s wife Ruth, the Ziolkowski of the United States Armed Forces were and treatment the U.S. Government family, and the Crazy Horse Memorial Foun- wounded; can provide. It is important that we dation have continued to work on the Memo- Whereas, in 1982, the Vietnam Veterans honor and respect their service. It is rial and to continue the dream of Korczak Memorial was dedicated in the District of especially important to do so now, at a Ziolkowski and Chief Henry Standing Bear; Columbia to commemorate those members of time when we have so many new vet- and the United States Armed Forces who died or erans returning home from the wars in Whereas on June 3, 1998, the Memorial en- were declared missing-in-action in Vietnam; tered its second half century of progress and Whereas, as of 2005, more than 1,800 mem- Iraq and Afghanistan. heralded a new era of work on the mountain bers of the United States Armed Forces re- By honoring those who have served with the completion and dedication of the main unaccounted for in Vietnam and South- before, we show these new veterans face of Crazy Horse: Now, therefore, be it east Asia and the Department of Defense how committed we, as a country, are to Resolved, That— continues efforts to recover these members; them and how much we value the sac- (1) the Senate recognizes— Whereas the Vietnam War was an ex- rifices they make on our behalf. Estab- (A) the admirable efforts of the late tremely divisive issue among the people of lishing a ‘‘Welcome Home Vietnam Korczak Ziolkowski in designing and cre- the United States; Veterans Day’’ is one way we can ac- ating the Crazy Horse Memorial; Whereas members of the United States complish this. I urge my colleagues to (B) that the Crazy Horse Memorial rep- Armed Forces who served bravely and faith- resents all North American Indian tribes, fully for the United States during the Viet- support this resolution. and the noble goal of reconciliation between nam War were caught, upon their return peoples; and home, in the middle of public debate about SENATE RESOLUTION 270—EX- (C) that the creation of the Crazy Horse the involvement of the United States in the PRESSING THE SENSE OF THE Memorial, from its inception, has been ac- Vietnam War; SENATE THAT THE INTER- complished through private sources and Whereas the Department of Veterans Af- NATIONAL MONETARY FUND without any Federal funding; and fairs estimates that 250,000 veterans are SHOULD INVESTIGATE WHETHER (2) it is the sense of the Senate that the homeless every night and that 47 percent of CHINA IS MANIPULATING THE Citizens’ Stamp Advisory Committee should all homeless veterans served during the Viet- recommend to the Postmaster General that nam era; RATE OF EXCHANGE BETWEEN a commemorative postage stamp be issued in Whereas veterans of the Vietnam War con- THE CHINESE YUAN AND THE honor of sculptor Korczak Ziolkowski and tinue to be at risk for post-traumatic stress UNITED STATES DOLLAR the Crazy Horse Memorial, commemorating disorder and health problems related to Mr. BAYH (for himself, Ms. STABE- his 100th birthday. Agent Orange exposure; NOW, and Mr. SCHUMER) submitted the Whereas veterans of the Vietnam War, and following resolution; which was re- SENATE RESOLUTION 269—EX- all veterans, are entitled to the best care and treatment the Government of the United ferred to the Committee on Foreign PRESSING THE SENSE OF THE States can provide; Relations: SENATE THAT A ‘‘WELCOME Whereas the establishment of a ‘‘Welcome S. RES. 270 HOME VIETNAM VETERANS DAY’’ Home Vietnam Veterans Day’’ would be an Whereas the global current account deficit SHOULD BE ESTABLISHED appropriate way to honor those members of of the United States has already reached al- Mrs. BOXER submitted the following the United States Armed Forces who served most $800,000,000,000 and is growing rapidly; in Vietnam during the Vietnam War; and Whereas the global current account sur- resolution; which was referred to the Whereas March 30, 2006 would be an appro- Committee on Veterans’ Affairs: plus of the People’s Republic of China is priate day to establish as ‘‘Welcome Home likely to reach $150,000,000,000 and is also S. RES. 269 Vietnam Veterans Day’’: Now, therefore, be growing very rapidly; Whereas the Vietnam War took place in it Whereas China has intervened massively in Vietnam from 1961 to 1975 in which North Resolved, That it is the sense of the Senate the exchange markets to artificially block Vietnam and the Viet Cong were in conflict that a ‘‘Welcome Home Vietnam Veterans appreciation of China’s currency; with the United States and South Vietnam; Day’’ should be established to honor those Whereas China has been increasing its Whereas the United States became in- members of the United States Armed Forces competitiveness by riding the dollar down volved in Vietnam because policy makers in who served in Vietnam. against other currencies, therefore achieving the United States believed that if South Mrs. BOXER. Mr. President, I am a trade-weighted depreciation of about 10 Vietnam fell to a communist government pleased to submit a resolution today percent over the past 3 years; then communism would spread throughout expressing the sense of the Senate that Whereas it is the responsibility of the the rest of Southeast Asia; a ‘‘Welcome Home Vietnam Veterans International Monetary Fund to take the Whereas members of the United States Day’’ should be established. I join Rep- lead in promoting correction of such huge, Armed Forces began serving in an advisory costly, and potentially destabilizing imbal- resentative LINDA SA´ NCHEZ in this ef- role to the people of South Vietnam in 1961; ances in the world economy; Whereas, as a result of the Gulf of Tonkin fort and applaud her for previously sub- Whereas the International Monetary incidents on August 2, 1964 and August 4, mitting this resolution in the House of Fund’s Articles of Agreement enjoin member 1964, Congress overwhelmingly passed the Representatives. Establishing this day countries to ‘‘avoid manipulating exchange Joint Resolution entitled ‘‘Joint Resolution would be an appropriate way to honor rates or the international monetary system

VerDate Mar 15 2010 20:27 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06OC5.PT2 S06OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 6, 2005 CONGRESSIONAL RECORD — SENATE S11239 in order to prevent effective balance-of-pay- Ermer Robinson, Bob Douglas, Pappy Ricks, September 30, 2006, and for other pur- ments adjustments or to gain unfair com- Runt Pullins, Goose Tatum, Marques poses; as follows: petitive advantage over other member coun- Haynes, Bobby Hall, Babe Pressley, Bernie At the appropriate place, insert the fol- tries’’; Price, Ted Strong, Inman Jackson, Duke lowing: Whereas the International Monetary Fund Cumberland, Fat Jenkins, Eddie Younger, has identified ‘‘protracted, large-scale inter- Lou Badger, Zachary Clayton, Jim Usry, SEC. ll. INCREASE IN RATE OF BASIC PAY OF THE ENLISTED MEMBER SERVING ventions in one direction in the exchange Sonny Boswell, and Puggy Bell; AS THE SENIOR ENLISTED ADVISOR markets’’ as indicating a need for Inter- Whereas the struggles of these players and FOR THE CHAIRMAN OF THE JOINT national Monetary Fund discussion with the others paved the way for current African- CHIEFS OF STAFF. offending country; and American professional players, who are play- (a) INCREASE.—Footnote 2 to the table on Whereas the People’s Republic of China has ing in the National Basketball Association Enlisted Members in section 601(b) of the Na- engaged in such manipulation and interven- today; tional Defense Authorization Act for Fiscal tion: Now, therefore, be it Whereas the style of Black basketball was Year 2004 (Public Law 108–136; 37 U.S.C. 1009 Resolved, That it is the sense of the Senate more conducive to a wide open, fast-paced, note) is amended by striking ‘‘or Master that the President should instruct the spectator sport; Chief Petty Officer of the Coast Guard’’ and United States Executive Director to the Whereas, by achieving success on the bas- inserting ‘‘Master Chief Petty Officer of the International Monetary Fund to bring a gen- ketball court, African-American basketball Coast Guard, or Senior Enlisted Advisor for eral complaint under the International Mon- players helped break down the color barrier the Chairman of the Joint Chiefs of Staff’’. etary Fund’s Articles of Agreement against and integrate African-Americans into all as- (b) PERSONAL MONEY ALLOWANCE.— the People’s Republic of China for not com- pects of society in the United States; (1) ENTITLEMENT.—Section 414(c) of title 37, plying with Article IV of the Articles of Whereas, during the era of sexism and gen- United States Code, is amended by striking Agreement and manipulating the rate of ex- der barriers, barnstorming African-American ‘‘or the Master Chief Petty Officer of the change of its currency against other cur- basketball was not limited to men’s teams, Coast Guard’’ and inserting ‘‘the Master rencies to gain an unfair trade advantage but included women’s teams as well, such as Chief Petty Officer of the Coast Guard, or and to prevent effective balance of payment the Chicago Romas and the Philadelphia the Senior Enlisted Advisor for the Chair- adjustments. Tribunes; man of the Joint Chiefs of Staff’’. Whereas only in recent years has the his- (2) EFFECTIVE DATE.—The amendment SENATE CONCURRENT RESOLU- tory of African-Americans in team sports made by paragraph (1) shall take effect on TION 57—RECOGNIZING THE CON- begun receiving the recognition it deserves; April 1, 2005. TRIBUTIONS OF AFRICAN-AMER- Whereas basketball is a uniquely modern ICAN BASKETBALL TEAMS AND and uniquely American sport; SA 2054. Mr. STEVENS (for Mr. Whereas the Black Legends of Professional PLAYERS FOR THEIR ACHIEVE- FRIST) proposed an amendment to the Basketball Foundation, established by bill H.R. 2863, making appropriations MENTS, DEDICATION, AND CON- former Harlem Globetrotter Dr. John Kline TRIBUTIONS TO THE SPORT OF of Detroit, Michigan, honors and highlights for the Department of Defense for the BASKETBALL AND THE NATION the significant contributions of these pio- fiscal year ending September 30, 2006, and for other purposes; as follows: Ms. STABENOW (for herself and Mr. neers and their impact on professional bas- ketball today; and At the appropriate place, insert the fol- LEVIN) submitted the following concur- Whereas the hard work and efforts of the lowing: rent resolution; which was referred to foundation have been instrumental in bring- the Committee on Commerce, Science, SEC. ll. SUPPORT FOR YOUTH ORGANIZATIONS. ing African-American inductees into the (a) SHORT TITLE.—This Act may be cited as and Transportation: Naismith Memorial Basketball Hall of Fame the ‘‘Support Our Scouts Act of 2005’’. S. CON. RES. 57 in Springfield, Massachusetts: Now there- (b) SUPPORT FOR YOUTH ORGANIZATIONS.— Whereas, even though African-Americans fore, be it (1) DEFINITIONS.—In this subsection— were excluded from playing in organized Resolved by the Senate (the House of Rep- (A) the term ‘‘Federal agency’’ means each White-only leagues, the desire of African- resentatives concurring), That department, agency, instrumentality, or Americans to play basketball could not be (1) Congress recognizes the teams and play- other entity of the United States Govern- repressed; ers of the barnstorming African-American ment; and Whereas, unlike baseball, which had Negro basketball teams for their achievement, (B) the term ‘‘youth organization’’— leagues, basketball had no organized Black dedication, sacrifices, and contribution to (i) means any organization that is des- leagues, thus forcing Blacks to take to the basketball and to the Nation prior to the in- ignated by the President as an organization road out of necessity; tegration of the White professional leagues; that is primarily intended to— Whereas among the most well-known black (2) current National Basketball Associa- (I) serve individuals under the age of 21 barnstorming teams that found their begin- tion players should pay a debt of gratitude years; nings in the 1920s were the New York Renais- to these great pioneers of the game of bas- (II) provide training in citizenship, leader- sance (or Rens), the Harlem Globetrotters, ketball and recognize them at every possible ship, physical fitness, service to community, the New York Enforcers, the Harlem Clowns, opportunity; and and teamwork; and the Harlem Road Kings, the Harlem Stars, (3) a copy of this resolution be transmitted (III) promote the development of character the Harlem Ambassadors, and the Philadel- to the Black Legends of Professional Basket- and ethical and moral values; and phia Tribunes; ball Foundation, which has recognized and (ii) shall include— Whereas, despite the racism they faced, commemorated the achievements of African- (I) the Boy Scouts of America; Negro basketball teams overcame great ob- American basketball teams, the National (II) the Girl Scouts of the United States of stacles to play the game before Black play- Basketball Association, and the Naismith America; ers were allowed to play in the National Bas- Basketball Hall of Fame. (III) the Boys Clubs of America; ketball Association in the early 1950s; f (IV) the Girls Clubs of America; Whereas the New York Rens became one of (V) the Young Men’s Christian Association; the first great basketball dynasties in the AMENDMENTS SUBMITTED AND (VI) the Young Women’s Christian Associa- history of the game, compiling a 2,588-539 PROPOSED tion; record in its 27-year existence, winning 88 SA 2053. Mr. STEVENS proposed an amend- (VII) the Civil Air Patrol; straight games in the 1932-33 season, and ment to the bill H.R. 2863, making appropria- (VIII) the United States Olympic Com- winning the 1939 World Professional Cham- tions for the Department of Defense for the mittee; pionship; fiscal year ending September 30, 2006, and for (IX) the Special Olympics; Whereas the Harlem Globetrotters proved other purposes. (X) Campfire USA; that they were capable of beating profes- SA 2054. Mr. STEVENS (for Mr. FRIST) pro- (XI) the Young Marines; sional teams like the World Champion Min- posed an amendment to the bill H.R. 2863, (XII) the Naval Sea Cadets Corps; neapolis Lakers led by basketball great supra. (XIII) 4-H Clubs; George Mikan in 1948; SA 2055. Mr. STEVENS (for Mr. BYRD) pro- (XIV) the Police Athletic League; Whereas the barnstorming African-Amer- posed an amendment to the bill H.R. 2863, (XV) Big Brothers—Big Sisters of America; ican basketball teams included exceptionally supra. and talented players and shaped modern-day bas- (XVI) National Guard Youth Challenge. f ketball by introducing a new style of play (2) IN GENERAL.— predicated on speed, short crisp passing tech- TEXT OF AMENDMENTS (A) SUPPORT FOR YOUTH ORGANIZATIONS.— niques, and vigorous defensive play; (i) SUPPORT.—No Federal law (including Whereas among the pioneers who played on SA 2053. Mr. STEVENS proposed an any rule, regulation, directive, instruction, Black barnstorming teams included players amendment to the bill H.R. 2863, mak- or order) shall be construed to limit any Fed- such as Tarzan Cooper, Pop Gates, John ing appropriations for the Department eral agency from providing any form of sup- Isaacs, Willie Smith, Sweetwater Clifton, of Defense for the fiscal year ending port for a youth organization (including the

VerDate Mar 15 2010 20:27 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06OC5.PT2 S06OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11240 CONGRESSIONAL RECORD — SENATE October 6, 2005 Boy Scouts of America or any group offi- mental to the national security of the Because of the limited time available cially affiliated with the Boy Scouts of United States; and for the hearing, witnesses may testify America) that would result in that Federal ‘‘(B) reports such a determination to the by invitation only. However, those agency providing less support to that youth Congress in a timely manner, and before wishing to submit written testimony organization (or any similar organization such support is not provided.’’. chartered under the chapter of title 36, (d) EQUAL ACCESS FOR YOUTH ORGANIZA- for the hearing record should send two United States Code, relating to that youth TIONS.—Section 109 of the Housing and Com- copies of their testimony to the Com- organization) than was provided during the munity Development Act of 1974 (42 U.S.C. mittee on Energy and Natural Re- preceding fiscal year. This clause shall be 5309) is amended— sources, United States Senate, Wash- subject to the availability of appropriations. (1) in the first sentence of subsection (b) by ington, DC 20510–6150. (ii) YOUTH ORGANIZATIONS THAT CEASE TO inserting ‘‘or (e)’’ after ‘‘subsection (a)’’; and For further information, please con- EXIST.—Clause (i) shall not apply to any (2) by adding at the end the following: tact Josh Johnson (202) 224–5861 or ‘‘(e) EQUAL ACCESS.— youth organization that ceases to exist. Steve Waskiewicz at (202) 228–6195. (iii) WAIVERS.—The head of a Federal agen- ‘‘(1) DEFINITION.—In this subsection, the cy may waive the application of clause (i) to term ‘youth organization’ means any organi- SUBCOMMITTEE ON PUBLIC LANDS AND FORESTS any youth organization with respect to each zation described under part B of subtitle II of Mr. CRAIG. Mr. President, I would conviction or investigation described under title 36, United States Code, that is intended like to announce for the information of subclause (I) or (II) for a period of not more to serve individuals under the age of 21 the Senate and the public that a hear- years. than 2 fiscal years if— ing has been scheduled before the Sub- ‘‘(2) IN GENERAL.—No State or unit of gen- (I) any senior officer (including any mem- committee on Public Lands and For- ber of the board of directors) of the youth or- eral local government that has a designated ganization is convicted of a criminal offense open forum, limited public forum, or non- ests of the Committee on Energy and relating to the official duties of that officer public forum and that is a recipient of assist- Natural Resources. or the youth organization is convicted of a ance under this chapter shall deny equal ac- The hearing will be held on Wednes- criminal offense; or cess or a fair opportunity to meet to, or dis- day, October 26, 2005, at 2 p.m. in Room (II) the youth organization is the subject of criminate against, any youth organization, SD–366 of the Dirksen Senate Office a criminal investigation relating to fraudu- including the Boy Scouts of America or any Building. lent use or waste of Federal funds. group officially affiliated with the Boy Scouts of America, that wishes to conduct a The purpose of the hearing is to re- (B) TYPES OF SUPPORT.—Support described ceive testimony on the implementation under this paragraph shall include— meeting or otherwise participate in that des- (i) holding meetings, camping events, or ignated open forum, limited public forum, or of the Federal Lands Recreation En- other activities on Federal property; nonpublic forum.’’. hancement Act, P.L. 108–447 by the (ii) hosting any official event of such orga- Forest Service and the Department of nization; SA 2055. MR. STEVENS (for Mr. the Interior. (iii) loaning equipment; and BYRD) proposed an amendment to the Because of the limited time available (iv) providing personnel services and bill H.R. 2863, making appropriations for the hearing, witnesses may testify logistical support. for the Department of Defense for the by invitation only. However, those (c) SUPPORT FOR SCOUT JAMBOREES.— fiscal year ending September 30, 2006, wishing to submit written testimony (1) FINDINGS.—Congress makes the fol- and for other purposes; as follows: for the hearing record should send two lowing findings: At the appropriate place, insert the fol- copies of their testimony to the Com- (A) Section 8 of article I of the Constitu- lowing: tion of the United States commits exclu- mittee on Energy and Natural Re- sively to Congress the powers to raise and TITLE ll. sources, United States Senate, Wash- support armies, provide and maintain a SEC. 101. (a) There are appropriated out of ington, DC 20510–6150. Navy, and make rules for the government the Employment Security Administration For further information, please con- and regulation of the land and naval forces. Account of the Unemployment Trust Fund, tact Frank Gladics at 202–224–2878 or $14,000,000 for authorized administrative ex- (B) Under those powers conferred by sec- Kristina Rolph at 202–224–8276. tion 8 of article I of the Constitution of the penses. United States to provide, support, and main- (b) From the money in the Treasury not f otherwise obligated or appropriated, there tain the Armed Forces, it lies within the dis- AUTHORITY FOR COMMITTEES TO cretion of Congress to provide opportunities are appropriated to the Office of the Inspec- to train the Armed Forces. tor General of the Department of Health and MEET Human Services $5,000,000 for oversight ac- (C) The primary purpose of the Armed COMMITTEE ON AGRICULTURE, NUTRITION, AND tivities related to Hurricane Katrina. Forces is to defend our national security and FORESTRY (c) The amounts appropriated under sub- prepare for combat should the need arise. Mr. STEVENS. Mr. President, I ask (D) One of the most critical elements in de- section (a) and (b)— (1) are designated as emergency require- Unanimous consent that the Com- fending the Nation and preparing for combat ments pursuant to section 402 of H. Con. Res. is training in conditions that simulate the mittee on Agriculture, Nutrition and 95 (109th Congress); and preparation, logistics, and leadership re- Forestry be authorized to conduct a (2) shall remain available until expended. quired for defense and combat. business meeting during the session of (E) Support for youth organization events f the Senate on Thursday, October 6, 2005 simulates the preparation, logistics, and NOTICES OF HEARINGS/MEETINGS at 9:30 a.m. in SR–328A, Russell Senate leadership required for defending our na- Office Building. The purpose of this tional security and preparing for combat. COMMITTEE ON ENERGY AND NATURAL RESOURCES meeting will be to review spending lev- (F) For example, Boy Scouts of America’s els to meet reconciliation expenditures National Scout Jamboree is a unique train- Mr. DOMENICI. Mr. President, I ing event for the Armed Forces, as it re- would like to announce for the infor- as imposed by H. Con. Res. 95, estab- quires the construction, maintenance, and mation of the Senate and the public lishing the Congressional Budget for disassembly of a ‘‘tent city’’ capable of sup- that a hearing has been scheduled be- the United States Government for fis- porting tens of thousands of people for a fore the Committee on Energy and Nat- cal year 2006, revising appropriate week or longer. Camporees at the United ural Resources. budgetary levels for fiscal year 2005, States Military Academy for Girl Scouts and and setting forth appropriate budg- Boy Scouts provide similar training opportu- The hearing will be held on Tuesday, October 25, 2005 at 10 a.m. in Room SD– etary levels for fiscal years 2007 nities on a smaller scale. through 2010, and to agree on rec- (2) SUPPORT.—Section 2554 of title 10, 366 of the Dirksen Senate Office Build- United States Code, is amended by adding at ing. ommendations with it will make to the the end the following: The purpose of the hearing is to re- Committee on the Budget thereon. ‘‘(i)(1) The Secretary of Defense shall pro- ceive testimony on S. 1829, to repeal The PRESIDING OFFICER. Without vide at least the same level of support under certain sections of the Act of May 26, objection, it is so ordered. this section for a national or world Boy 1936, pertaining to the Virgin Islands; COMMITTEE ON ARMED SERVICES Scout Jamboree as was provided under this S. 1830, to amend the Compact of Free Mr. STEVENS Mr. President, I ask section for the preceding national or world Boy Scout Jamboree. Association Amendments Act of 2003, unanimous consent that the Com- ‘‘(2) The Secretary of Defense may waive and for other purposes; and S. 1831, to mittee on Armed Services be author- paragraph (1), if the Secretary— convey certain submerged land to the ized to meet during the session of the ‘‘(A) determines that providing the support Commonwealth of the Northern Mar- Senate on October 6, 2005, at 9:30 a.m. subject to paragraph (1) would be detri- iana Islands, and for other purposes. in open session to receive testimony on

VerDate Mar 15 2010 20:27 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06OC5.PT2 S06OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 6, 2005 CONGRESSIONAL RECORD — SENATE S11241 United States Military Strategy and COMMITTEE ON ENVIRONMENTAL PUBLIC WORKS 2:30 p.m., to hold a hearing on Nomina- Operations in Iraq. Mr. STEVENS. Mr. President, I ask tions. The PRESIDING OFFICER. Without unanimous consent that the Com- The PRESIDING OFFICER. Without objection, it is so ordered. mittee on Environment and Public objection, it is so ordered. COMMITTEE ON ARMED SERVICES Works be authorized to meet on Octo- COMMITTEE ON HOMELAND SECURITY AND Mr. STEVENS Mr. President, I ask ber 6th, 2005 at 9:30 a.m. for a business GOVERNMENTAL AFFAIRS unanimous consent that the Com- meeting to consider the following Mr. STEVENS. Mr. President, I ask mittee on Armed Services be author- nominations: Santanu K. Baruah, of unanimous consent that the Com- ized to meet during the session of the Oregon, to be Assistant Secretary of mittee on Homeland Security and Gov- Senate on October 6, 2005, at 10 a.m. in Commerce for Economic Development; ernmental Affairs be authorized to open session to consider the following George M. Gray, of Massachusetts, to meet on Thursday, October 6, 2005, at 9 nominations: Honorable Michael W. be an Assistant Administrator of the a.m., for a hearing titled; ‘‘Hurricane Wynne, to be Secretary of the Air Environmental Protection Agency; Katrina: How Is FEMA Performing Its Force and Dr. Donald C. Winter, to be Lyons Gray, of North Carolina, to be Mission at This Stage of Recovery?’’ Secretary of the Navy. Chief Financial Officer, Environmental The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without Protection Agency; H. Dale Hall, of objection, it is so ordered. objection, it is so ordered. New Mexico, to be Director of the COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS COMMITTEE ON BANKING, HOUSING, AND URBAN United States Fish and Wildlife Serv- AFFAIRS ice; and Edward McGaffigan, Jr., of Mr. STEVENS. Mr. President, I ask Mr. STEVENS. Mr. President, I ask Virginia, to be a Member of the Nu- unanimous consent that the Com- unanimous consent that the Com- clear Regulatory Commission for the mittee on Homeland Security and Gov- mittee on Banking, Housing, and term of five years expiring June 30, ernmental Affairs be authorized to Urban Affairs be authorized to meet 2010. meet on Thursday, October 6, 2005, at 10 during the session of the Senate on Oc- The PRESIDING OFFICER. Without a.m., for a hearing titled; ‘‘FEMA Sta- tober 6, 2005, at 10 a.m. to conduct a objection, it is so ordered. tus Report on Recovery Efforts in the hearing on ‘‘A Review of the CFIUS Gulf States’’ COMMITTEE ON ENVIRONMENT AND PUBLIC The PRESIDING OFFICER. Without Process for Implementing the Exon- WORKS objection, it is so ordered. Florio Amendment.’’ Mr. STEVENS. Mr. President, I ask COMMITTEE ON THE JUDICIARY The PRESIDING OFFICER. Without unanimous consent that the Com- Mr. STEVENS. Mr. President, I ask objection, it is so ordered. mittee on Environment and Public unanimous consent that the Com- COMMITTEE ON ENERGY AND NATURAL Works be authorized to meet on Octo- RESOURCES mittee on the Judiciary be authorized ber 6, 2005 at 9:35 a.m. to conduct a to meet to conduct a markup on Thurs- Mr. STEVENS. Mr. President, I ask hearing to receive testimony on the ac- unanimous consent that the Com- day, October 6, 2005, at 9:30 a.m. in Sen- tions of EPA, the Army Corps of Engi- ate Dirksen Office Building Room 226. mittee on Energy and Natural Re- neers and the Federal Highway Admin- sources be authorized to meet during istration as they relate to Hurricane Agenda the session of the Senate on Thursday, Katrina. I. Nominations: Timothy Flanigan to October 6 at 3 p.m. The purpose of this The PRESIDING OFFICER. Without be Deputy Attorney General; and hearing is to receive testimony on S. objection, it is so ordered. Susan Neilson to be U.S. Circuit Judge 1025, to amend the act entitled ‘‘An Act COMMITTEE ON FINANCE for the Sixth Circuit. to Provide for the Construction of the Mr. STEVENS. Mr. President, I ask II. Bills: S. 1088 Streamlined Proce- Cheney Division, Wichita Federal Rec- unanimous consent that the Com- dures Act of 2005. Kyl, Cornyn, Grass- lamation Project, KS, and for Other mittee on Finance be authorized to ley, Hatch; S. 1789 Personal Data Pri- Purposes’’ to authorize the EQUUS meet during the session on Thursday, vacy and Security Act of 2005. Specter, Beds Division of the Wichita Project; October 6, 2005, at 10 a.m., to hear testi- Leahy, Feinstein, Feingold; S. 751 Noti- S. 1498, to direct the Secretary of the mony on ‘‘The Future of the Gulf fication of Risk to Personal Data Act. Interior to convey certain water dis- Coast: Using Tax Policy to Help Re- Feinstein, Kyl; S. 1326 Notification of tribution facilities to the Northern build Businesses and Communities and Risk to Personal Data Act. Sessions; S. Colorado Water Conservancy District; Support Families After Disasters.’’ 1086 A Bill to Improve the National S. 1529, to provide for the conveyance The PRESIDING OFFICER. Without Program to Register and Monitor Indi- of certain Federal land in the City of objection, it is so ordered. viduals Who Commit Crimes Against Yuma, AZ; S. 1578, to preauthorize the Children or Sex Offenses. Hatch, Biden, COMMITTEE ON FINANCE Upper Colorado and San Juan River Schumer; S. 956 Jetseta Gage Preven- Mr. STEVENS. Mr. President, I ask Basin Endangered Fish Recovery Im- tion and Deterrence of Crimes Against unanimous consent that the Com- plementation Programs; and S. 1760, to Children Act of 2005. Grassley, Kyl, mittee on Finance be authorized to authorize early repayment of obliga- Cornyn; S. 1699 Stop Counterfeiting in meet during the session on Thursday, tions to the Bureau of Reclamation Manufactured Goods Act. Specter, October 6, 2005, at 2:30 p.m., to hear tes- within the Rogue River Valley Irriga- Leahy, Hatch, DeWine, Cornyn, Brown- timony on ‘‘U.S.-Bahrain Free Trade tion District or within the Medford Ir- back, Feingold; S. 1095 Protecting Agreement.’’ rigation District, and for other pur- American Goods and Services Act of The PRESIDING OFFICER. Without poses. 2005. Cornyn, Leahy; H.R. 683 Trade- objection, it is so ordered. The PRESIDING OFFICER. Without mark Dilution Revision Act of 2005. objection, it is so ordered. COMMITTEE ON FOREIGN RELATIONS Smith–TX; S. 443 Antitrust Criminal Mr. STEVENS. Mr. President, I ask COMMITTEE ON ENERGY AND NATURAL Investigative Improvements Act of RESOURCES unanimous consent that the Com- 2005. DeWine, Kohl, Leahy; S. 1787 Re- Mr. STEVENS. Mr. President, I ask mittee on Foreign Relations be author- lief to Victims of Hurricane Katrina unanimous consent that the Com- ized to meet during the session of the and Other Natural Disasters Act of mittee on Energy and Natural Re- Senate on Thursday, October 6, 2005, at 2005. Vitter, Grassley, Cornyn, DeWine; sources be authorized to meet during 11 a.m., to hold a hearing on Nomina- and S. 1647 Hurricane Katrina Bank- the session of the Senate on Thursday, tions. ruptcy Relief and Community Protec- October 6 at 10 a.m. The PRESIDING OFFICER. Without tion Act of 2005. Feingold, Leahy, Dur- The purpose of this hearing is to re- objection, it is so ordered. bin, Kennedy, Feinstein. ceive an update on Hurricanes Katrina COMMITTEE ON FOREIGN RELATIONS The PRESIDING OFFICER. Without and Rita’s effects on energy infrastruc- Mr. STEVENS. Mr. President, I ask objection, it is so ordered. ture and the status of recovery efforts unanimous consent that the Com- COMMITTEE ON THE JUDICIARY in the gulf coast region. mittee on Foreign Relations be author- Mr. STEVENS. Mr. President, I ask The PRESIDING OFFICER. Without ized to meet during the session of the unanimous consent that the Com- objection, it is so ordered. Senate on Thursday, October 6, 2005, at mittee on the Judiciary be authorized

VerDate Mar 15 2010 20:27 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06OC5.PT2 S06OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11242 CONGRESSIONAL RECORD — SENATE October 6, 2005 to meet to conduct a hearing on ‘‘Exec- from Alaska, to grant floor privileges here, of course, throughout the week, utive Nominations’’ on Thursday, Oc- for the remainder of this session of in many meetings and phone calls, and tober 6, 2005, at 2:30 p.m., in the Dirk- Congress for Tovah Calderon, a detailee now in time on the floor throughout sen Senate Office Building Room 226. from the Department of Justice. the day, to try to find a way to get The PRESIDING OFFICER. Is there some immediate help to our cities and Witness List objection? parishes and counties along the gulf Panel I: Members of Congress. Mr. STEVENS. Mr. President, may I coast. It looks like there is a possi- Panel II: Wan Kim to be an Assistant again inquire of the Senator? Is this bility that still might be the case. Attorney General, Civil Rights Divi- person on your staff? But because of the lateness of the sion; Steven G. Bradbury to be an As- Mr. SCHUMER. Yes. She is a detailee hour, really for the staff that has been sistant Attorney General for the Office from the Department of Justice. We here so long, I am going to agree to of Legal Counsel; Sue Ellen Wooldridge have detailees on the Judiciary Com- continue to work through the night, to be an Assistant Attorney General, mittee. allow the staff to take a recess, and Environment and Natural Resources Mr. STEVENS. This is floor privi- spend some time on this, as I have Division; and Thomas O. Barnett to be leges. It is not necessarily continuous throughout the last few hours, working an Assistant Attorney General, Anti- access. Does she have to go through the with my colleagues, particularly Sen- trust Division. normal process of obtaining access the ator LEVIN from Michigan, who has put The PRESIDING OFFICER. Without way any other staff would? in a tremendous amount of time, other objection, it is so ordered. Mr. SCHUMER. Yes. She would have Senators, Senator CARPER from Dela- ware, Senator CLINTON, Senator DUR- SELECT COMMITTEE ON INTELLIGENCE to go through the normal process. BIN, Senator REID. And Senator FRIST Mr. STEVENS. Mr. President, I ask Mr. STEVENS. I will not object. has been here for a while. Of course, unanimous consent that the Select The PRESIDING OFFICER. Without Senator VITTER was here earlier trying Committee on Intelligence be author- objection, it is so ordered. to get through this process, with the ized to meet during the session of the f specific focus of mine being to try to Senate on October 6, 2005, at 2:30 p.m., ORDERS FOR FRIDAY, OCTOBER 7, get our State in the same situation to hold a closed briefing. 2005 that other States have been put in The PRESIDING OFFICER. Without when they needed help. Mr. STEVENS. Mr. President, I ask objection, it is so ordered. We are not quite there yet, but we unanimous consent that the Senate SUBCOMMITTEE ON FEDERAL FINANCIAL MAN- may yet get there by the time we close AGEMENT, GOVERNMENT INFORMATION, AND stand in recess until 8:15 a.m. on Fri- the debate in just a few hours. But, INTERNATIONAL SECURITY day, October 7. I further ask consent really, the staff has done more than Mr. STEVENS. Mr. President, I ask that following the prayer and pledge, they should be asked, to stay this late. unanimous consent that the Sub- the Journal of proceedings be approved We have tried four or five different committee on Federal Financial Man- to date, the time for the two leaders be compromises in the last 8 hours, and agement, Government Information, reserved, and the Senate then resume we are not quite there yet. But we may and International Security be author- consideration of H.R. 2863, the Defense be there in the morning when the Sen- ized to meet on Thursday, October 6, appropriations bill. I further ask con- ate comes out of recess. 2005, at 2:30 p.m., for a hearing regard- sent that following the leader’s re- I am going to continue to work ing ‘‘How Does the Federal Govern- marks, Senator LANDRIEU be recog- through the evening to see if we can ment Lease Needed Space?’’ nized to speak until 9:15. I further ask find some sort of solution so that our THE PRESIDING OFFICER. Without consent that immediately following four States—Louisiana, Mississippi, objection, it is so ordered. her remarks, and with no intervening Alabama, and Texas—can be treated in SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT action or debate, all time under cloture the same way with the same respect as MANAGEMENT, THE FEDERAL WORKFORCE AND then be considered expired, the bill be other States have in disasters in the THE DISTRICT OF COLUMBIA read a third time, and the Senate pro- past. Mr. STEVENS. Mr. President, I ask ceed to a vote on passage of the bill, I thank the Senator for his patience unanimous consent that the Sub- with no intervening action or debate. throughout the evening. committee on Oversight of Government The PRESIDING OFFICER. Is there The PRESIDING OFFICER. The Sen- Management, the Federal Workforce, objection? ator from Alaska. and the District of Columbia be author- Without objection, it is so ordered. Mr. STEVENS. Mr. President, I ized to meet on Thursday, October 6, at Mr. STEVENS. Before we recess, I thank the Senator from Louisiana. 2:30 p.m., for a hearing entitled, ‘‘From will yield to the Senator from Lou- f Factory to Foxhole: Improving DoD isiana for 5 minutes before we close. PROGRAM Logistics.’’ Ms. LANDRIEU. I thank the Senator Mr. STEVENS. Mr. President, we will THE PRESIDING OFFICER. Without from Alaska. reconvene at 8:15 tomorrow morning. objection, it is so ordered. The PRESIDING OFFICER. The Sen- Following additional remarks by Sen- ator from Louisiana. f ator LANDRIEU in the morning, we will Ms. LANDRIEU. I thank the Chair. PRIVILEGE OF THE FLOOR vote on passage of the Defense appro- f priations bill. That vote will occur con- Mr. SCHUMER. Mr. President, first, I DISASTER ASSISTANCE cerning at 9:15. Following that vote, we would like to request unanimous con- will proceed to the Homeland Security sent to grant floor privileges for the re- Ms. LANDRIEU. Mr. President, it has appropriations conference report. It is mainder of this Congress for Tovah been a very long day. I am hoping, as my understanding that we will be able Calderon, a detailee from the Depart- this day continues into the evening to consider that conference report ment of Justice, who is currently serv- hours, as we continue to work on the under a 30–minute time agreement and ing on my Judiciary Committee staff. underlying bill, which is the Defense that a vote would not be necessary. We Mr. STEVENS. Mr. President, reserv- appropriations bill, to have an amend- have not locked in that agreement. We ing the right to object—for the rest of ment dealing with Hurricane Katrina will turn to that conference report in this Congress? Did the Senator say for in a way this Congress might respond the morning after voting on the DOD the remainder of this Congress? to this urgent need. I thank the Sen- appropriations bill. ator from Alaska for his patience Mr. SCHUMER. I believe she is going f to be here for the next year and a half. through this day because the issue that I could ask for the next year. is before us really is not an amendment RECESS UNTIL 8:15 A.M. Mr. STEVENS. Mr. President, I am on the Defense bill. It is a separate Mr. STEVENS. Mr. President, if obligated to object, and I suggest the issue but needs to be handled before we there is no further business to come be- Senator get clearance on that. leave, in my opinion. fore the Senate, I ask unanimous con- Mr. SCHUMER. Let me amend my re- That is why I have stayed here sent that the Senate stand in recess in quest, with the permission of my friend throughout the day and have been accordance with the previous order.

VerDate Mar 15 2010 20:27 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2005SENATE\S06OC5.PT2 S06OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 6, 2005 CONGRESSIONAL RECORD — SENATE S11243 There being no objection, the Senate, To be major general BEVERLY L. SMITHTILLERY, 0000 WENDY L. TAYLOR, 0000 at 1:39 a.m., recessed until Friday, Oc- BRIG. GEN. THOMAS D. ROBINSON, 0000 JAMES D. WAECHTER, 0000 tober 7, 2005, at 8:15 a.m. SYBIL M. WEIRMCNEELY, 0000 To be brigadier general BRINDA F. WILLIAMSMORGAN, 0000 f COL. CHARLES D. ESTES, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT COL. ELLEN P. GREENE, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE NOMINATIONS COL. LUIS R. VISOT, 0000 ARMY UNDER TITLE 10, U.S.C., SECTION 12203: Executive nominations received by IN THE NAVY To be colonel the Senate October 6, 2005: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT LYNN S. ALSUP, 0000 IN THE UNITED STATES NAVY TO THE GRADE INDICATED MARTHA A. BIASTOCH, 0000 MORRIS K. UDALL SCHOLARSHIP AND EXCEL- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND DENNIS T. BROWN, 0000 LENCE IN NATIONAL ENVIRONMENTAL POLICY RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: ROBERT W. BROWN II, 0000 FOUNDATION ROBERT M. CODY, 0000 To be vice admiral JAMES C. COLEMAN, 0000 TERRENCE L. BRACY, OF VIRGINIA, TO BE A MEMBER REAR ADM. PATRICK M. WALSH, 0000 CATHERINE L. COOK, 0000 OF THE BOARD OF TRUSTEES OF THE MORRIS K. UDALL BRUCE J. CORNELISON, 0000 SCHOLARSHIP AND EXCELLENCE IN NATIONAL ENVIRON- IN THE AIR FORCE WALTER J. DAVIS, 0000 MENTAL POLICY FOUNDATION FOR A TERM EXPIRING WILLIAM H. DEGRAY, 0000 OCTOBER 6, 2010. (REAPPOINTMENT) THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CECILIA I. FLORES, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE AIR IRENE L. FRAZIER, 0000 DEPARTMENT OF COMMERCE FORCE UNDER TITLE 10, U.S.C., SECTION 12203: FELICIA FRENCH, 0000 DAVID STEELE BOHIGIAN, OF MISSOURI, TO BE AN AS- To be colonel SCOTT A. GRONEWOLD, 0000 SISTANT SECRETARY OF COMMERCE, VICE WILLIAM JOHN H. GROTE, JR., 0000 HENRY LASH, III, RESIGNED. JOHN S. BAXTER, 0000 DAVID HOWE, 0000 DEBORAH K. KNICKERBOCKER, 0000 DEPARTMENT OF THE TREASURY IN THE ARMY JOHN R. MAGRANE, JR., 0000 JAMES P. MAHONEY, 0000 ANTONIO FRATTO, OF PENNSYLVANIA, TO BE AN AS- THE FOLLOWING NAMED ARMY NATIONAL GUARD OF THE UNITED STATES OFFICER FOR APPOINTMENT TO JOSEPH A. MAIELLO, 0000 SISTANT SECRETARY OF THE TREASURY, VICE ROBERT WENDELL R. MANN, 0000 STANLEY NICHOLS. THE GRADE INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: DENNIS R. MILLER, 0000 EXECUTIVE OFFICE OF THE PRESIDENT SCOTT A. MILLER, 0000 To be colonel BRADLEY K. MITCHELL, 0000 SUSAN C. SCHWAB, OF MARYLAND, TO BE A DEPUTY WENDY P. POLHEMUS, 0000 UNITED STATES TRADE REPRESENTATIVE, WITH THE JOSE R. RAEL, 0000 WILLIAM A. PULIG, 0000 RANK OF AMBASSADOR, VICE PETER F. ALLGEIER. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DENNIS P. RATASHAK, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE ERIC RODRIGUEZ, 0000 DEPARTMENT OF STATE ARMY UNDER TITLE 10, U.S.C., SECTION 12203: JONNIE S. RUPP, 0000 JEFFREY THOMAS BERGNER, OF VIRGINIA, TO BE AN To be colonel GINA D. SEILER, 0000 ASSISTANT SECRETARY OF STATE (LEGISLATIVE AF- WILLIAM H. SNOW, 0000 FAIRS), VICE PAUL VINCENT KELLY RESIGNED. SUZANNE R. AVERY, 0000 DWIGHT A. THOMPSON, 0000 NICHOLAS F. TAUBMAN, OF VIRGINIA, TO BE AMBAS- JAMES FIKES, 0000 ALTHEA G. WATSON, 0000 JEFFREY L. WEAVER, 0000 SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE UNITED STATES OF AMERICA TO ROMANIA. JAY M. WEBB, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE DENNIS J. WHITE, 0000 SUSAN RASINSKI MCCAW, OF WASHINGTON, TO BE AM- ARMY UNDER TITLE 10, U.S.C., SECTION 12203: BASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF STEVEN A. WIENEKE, 0000 THE UNITED STATES OF AMERICA TO THE REPUBLIC OF To be colonel BARRY M. WIKES, 0000 AUSTRIA. CAROL L. ZIERES, 0000 DONNA J. DOLAN, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT LEGAL SERVICES CORPORATION MICHAEL G. LABELLE, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE STEVEN D. PEAK, 0000 SARAH M. SINGLETON, OF NEW MEXICO, TO BE A MEM- ARMY UNDER TITLE 10, U.S.C., SECTION 12203: DEBORAH F. SIMPSON, 0000 BER OF THE BOARD OF DIRECTORS OF THE LEGAL SERV- To be colonel ICES CORPORATION FOR A TERM EXPIRING JULY 13, 2008, THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT VICE ERNESTINE P. WATLINGTON, TERM EXPIRED. TO THE GRADE INDICATED IN THE RESERVE OF THE JAMES W. AGNEW, 0000 ARMY UNDER TITLE 10, U.S.C., SECTION 12203: STEVEN C. ALLGOOD, 0000 UNITED STATES INSTITUTE OF PEACE To be colonel DAVID P. ANGELETTE, 0000 RON SILVER, OF NEW YORK, TO BE A MEMBER OF THE MARK ANSTADT, 0000 BOARD OF DIRECTORS OF THE UNITED STATES INSTI- PAUL F. ABBEY, 0000 DAMON T. ARNOLD, 0000 TUTE OF PEACE FOR A TERM EXPIRING JANUARY 19, 2009, JAMES P. BARNES, 0000 JOHN V. BARTON, 0000 VICE STEPHEN D. KRASNER, TERM EXPIRED. JAMES N. BAUM, 0000 JAMES BAYLEY, 0000 JUDY VAN REST, OF VIRGINIA, TO BE A MEMBER OF SCOTT E. BOMBERG, 0000 DANIEL J. BOCHICCHIO, 0000 THE BOARD OF DIRECTORS OF THE UNITED STATES IN- ERIC W. BOWLES, 0000 REYNAL L. CALDWELL, 0000 STITUTE OF PEACE FOR A TERM EXPIRING JANUARY 19, DUANE F. CARTWRIGHT, 0000 GINA R. CARTER, 0000 2009, VICE DANIEL PIPES. STACY B. ELLISON, 0000 PAUL M. CHETHAM, 0000 ELLYN M. ENGLISH, 0000 JAMES K. COOPER II, 0000 IN THE COAST GUARD ALBERT F. GRUBER, 0000 VICTOR H. DAVIS, 0000 FREDERICK D. HOGAN, 0000 JAMES R. DOWNEY, 0000 THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- LYNDON S. HURT, 0000 PAUL A. DURON, 0000 MENT AS PERMANENT COMMISSIONED REGULAR OFFI- DAVID G. JULIAN, 0000 BRIAN J. EASTRIDGE, 0000 CERS IN THE UNITED STATES COAST GUARD IN THE MANUEL L. LABORDE, 0000 KEVAGHN P. FAIR, 0000 GRADE INDICATED UNDER TITLE 14, U.S.C., SECTION 211: JOSEPH D. LYVERS, 0000 CHARLES J. FISHER, JR., 0000 To be lieutenant DEBORAH J. MICHAEL, 0000 DAVID R. FOHAN, 0000 JOE D. ONEAL, 0000 ALVIS R. FORBES, 0000 THEA IACOMINO, 0000 GARY W. REEVES, 0000 TODD R. FREDRICKS, 0000 LOUVENIA A. MCMILLAN, 0000 DANIEL E. SAVITSKE, 0000 ROBERT E. GORTON, JR., 0000 IN THE AIR FORCE TERRY R. SCHMUNK, 0000 JAMES R. GREGOIRE, 0000 JACK N. SEIDENBERG, 0000 JOSEFINA T. GUERRERO, 0000 THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED WARREN A. WILLIAMS, 0000 WILLIAM G. GUTHEIM, 0000 STATES OFFICERS FOR APPOINTMENT IN THE RESERVE ROBERT W. HANDY, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT OF THE AIR FORCE TO THE GRADES INDICATED UNDER JEFFREY T. HAUGH, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE TITLE 10, U.S.C., SECTION 12203: SUSAN W. HOLE, 0000 ARMY UNDER TITLE 10, U.S.C., SECTION 12203: HAROLD W. HUGHES, 0000 To be major general To be colonel JOE W. HUNT, 0000 BRIGADIER GENERAL EUGENE R. CHOJNACKI, 0000 VITO D. IMBASCIANI, 0000 BRIGADIER GENERAL KENNETH R. CLARK, 0000 PAUL S. ASTPHAN, 0000 MARK J. IVEY, 0000 BRIGADIER GENERAL DAVID F. WHERLEY, JR., 0000 LUCY A. P. BLAND, 0000 PURNIMA P. JOSHI, 0000 BRIGADIER GENERAL HARRY M. WYATT III, 0000 GAYE E. BROADWAY, 0000 CLARENCE T. JOUSTRA, 0000 NORMAN A. CUMMINS, 0000 MICHAEL E. KELLY, 0000 To be brigadier general MADELINE B. DUNNIHOO, 0000 ROBERT W. KELLY, 0000 MARY R. ENDERLE, 0000 JAMES K. KERR III, 0000 COLONEL WILLIAM R. BURKS, 0000 THEODOCIA C. FARRALES, 0000 KHIN M. KYI, 0000 COLONEL IWAN B. CLONTZ, 0000 GENEVIEVE M. FULLER, 0000 JANET I. LAWRENCE, 0000 COLONEL STEVEN R. DOOHEN, 0000 CHARLENE M. GODEC, 0000 KENNETH K. K. LEE, 0000 COLONEL DONALD E. FICK, 0000 MARY C. GOMEZ, 0000 OWEN LEE, 0000 COLONEL DAVID J. HATLEY, 0000 JOAN M. GOUGE, 0000 GORDON D. LEINGANG, 0000 COLONEL KENNETH M. JEFFERSON, 0000 JUDITH R. HASELTINE, 0000 LESTER L. LEWIS, JR., 0000 COLONEL ROBERT H. JOHNSTON, 0000 KATHLEEN A. HAYES, 0000 CHERYL A. LITTLE, 0000 COLONEL DANIEL B. O’HOLLAREN, 0000 DONNA N. HERSHEY, 0000 DEBORAH A. MCCLAIN, 0000 COLONEL RANDOLPH M. SCOTT, 0000 RICHARD D. HUMES, 0000 RUSSELL J. OTTO, 0000 COLONEL MARK F. SEARS, 0000 EMMETTE G. JONES, JR., 0000 MITCHELL H. PAULIN, 0000 COLONEL HAYWOOD R. STARLING, JR., 0000 SHIRLEY A. KUBIAK, 0000 JOHN C. PITTARD, 0000 COLONEL BROCK JOHN T. STROM, 0000 GWENDOLYN J. LEMAIRE, 0000 JAMES W. Y. QUAN, 0000 COLONEL ERNEST G. TALBERT, 0000 MARY E. LINK, 0000 DARRYL R. QUIRAM, 0000 COLONEL EDWARD J. THOMAS, JR., 0000 SHARON K. LUCARELLI, 0000 GREGORY C. RISK, 0000 COLONEL LAWRENCE S. THOMAS III, 0000 LAURA J. LUDWIG, 0000 MICHAEL H. ROSENBERG, 0000 COLONEL RICHARD J. UTECHT, 0000 MICHAEL R. MANANSALA, 0000 ERIC F. SABETY, 0000 COLONEL GUY M. WALSH, 0000 JOAN A. MARKS, 0000 LINDA C. SHACKELFORD, 0000 COLONEL ELLIOTT W. WORCESTER, JR., 0000 DEBRA F. MCNAMARA, 0000 BARRIE V. SMITH, 0000 COLONEL ROBERT J. YAPLE, 0000 FRANKLIN J. MCSHANE, 0000 BRENT A. SMITH, 0000 IN THE ARMY JANET F. MCTURNAL, 0000 JULIUS L. TEAGUE, 0000 SHARON M. NAVRATIL, 0000 JACOB TENDLER, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SHIRLEY E. NEVILLE, 0000 GREGORY K. TERPSTRA, 0000 IN THE RESERVE OF THE ARMY TO THE GRADES INDI- PATRICIA A. L. PRATT, 0000 MARK A. VANANTWERP, 0000 CATED UNDER TITLE 10, U.S.C., SECTION 12203: MARTIN R. RIDGE, 0000 JOSEF J. VANEK, 0000

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LUIS L. VILLARRUEL, 0000 GAYLA J. BERGREN, 0000 THOMAS E. BERGLAND, 0000 BRUCE V. VOSS, 0000 KENNETH G. BRADSHAW, 0000 LYNN M. BERGREN, 0000 PERRY T. WALTERS, 0000 STEVE J. BRASINGTON, 0000 JOHN L. BERLOT, 0000 DARREL W. WYATT, 0000 THOMAS E. BRODERICK, 0000 CHRISTOPHER A. BIDWELL, 0000 DAVID A. YEROPOLI, 0000 SANDRA T. BUCKLES, 0000 SANDRA L. BIERLING, 0000 TERESA M. BUESCHER, 0000 DAWN A. BLACKMON, 0000 IN THE MARINE CORPS THOMAS A. CARLSON, 0000 CAROL L. BLACKWOOD, 0000 JEFFREY A. BLAIR, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DONALD J. CENTNER, 0000 JO A. J. BLANDO, 0000 TO THE GRADE INDICATED IN THE UNITED STATES MA- WILLIAM B. COGAR, 0000 GREGORY S. BLASCHKE, 0000 RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: BERTRAM M. CRAWFORD, 0000 WILLIAM F. CUDDY, JR., 0000 HEATHER I. BLOMELEY, 0000 To be major MICHAEL J. CURRAN, 0000 DANA G. BORGESON, 0000 DAVID L. DAUGHERTY, 0000 ARNOLD O. BROWN, 0000 DARREN W. MILTON, 0000 MARLENE DEMAIO, 0000 CARLOS V. BROWN, 0000 ROBERT H. BUCKLEY, 0000 THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- ROBERT T. ELDER, 0000 ROBERT E. BURKE, 0000 POINTMENT IN THE GRADE INDICATED IN THE UNITED DENIS M. FAHERTY, 0000 BARBARA FORD, 0000 MICHAEL L. BURLESON, 0000 STATES MARINE CORPS UNDER TITLE 10,U.S.C., SECTION JERRY N. BURTON, JR., 0000 531: JOSEPH M. FOSTER, 0000 DANIEL E. FREDERICK, 0000 JACQUELYN L. CALBERT, 0000 To be major CRAIG E. GALLOWAY, 0000 ROBERT A. CALLISON, 0000 RICHARD R. GATES, 0000 PAUL T. CAMARDELLA, 0000 CHRISTOPHER J. AABY, 0000 TAMMY S. GERSTENFELD, 0000 NESTOR H. CAMERINO, JR., 0000 DAVID A. ADAMS, 0000 KENT S. GORE, 0000 DUANE C. CANEVA, 0000 MATTHEW F. AMIDON, 0000 KEVIN L. GREASON, 0000 DOUGLAS N. CARBINE, 0000 SCOTT R. ANDERSON, 0000 GUERARD P. GRICE, 0000 JANIS R. CARLTON, 0000 MATTHEW A. CARR, 0000 BRANDEN G. BAILEY, 0000 DAVID B. GRIMLAND, 0000 MICHAEL E. CLARK, 0000 GUY G. BERRY, 0000 EDWIN S. HENRY, 0000 JOHN P. CLAYTON, 0000 MICHAEL J. BLACK, 0000 ANITA H. HICKEY, 0000 LAWRENCE G. COLEMAN, 0000 JEFFREY M. BONNER, 0000 MARK P. HONIG, 0000 STEWART W. COMER, 0000 ADAM L. BUSH, 0000 WHITNEY H. HOWARD, 0000 JEFFREY A. CONWELL, 0000 JOHN F. BUXTON, 0000 PETER A. HUSTA, 0000 JOHN L. CORREA, 0000 KELLY D. CAILLOUET, 0000 KATHERINE L. IMMERMAN, 0000 LAWRENCE E. CRIMMINS, 0000 DANIEL P. CARLSON, 0000 WAYNE S. INMAN, 0000 MIGUEL A. CUBANO, 0000 JANO R. CARLSON, 0000 RONALD L. JEFFREY, 0000 GLEN B. CAULEY, 0000 JAMES T. CURRY, 0000 IGOR A. JERCINOVICH, 0000 RHODEL F. DACANAY, 0000 VINCENT J. CIUCCOLI, 0000 PAUL C. KELLEHER, 0000 VAN M. DAVIDSON, 0000 MARK A. DAELEY, 0000 DOUGLAS P. KEMPF, 0000 PATRICK J. DAIGLE, 0000 JEFFREY L. DAVIS, 0000 NOELINE KHAW, 0000 DOUGLAS S. DEWOLFE, 0000 MICHAEL H. DANENBERG, 0000 DAVID G. KLOAK, 0000 CHIN V. DANG, 0000 SCOTT E. DORNISCH, 0000 BRENDA A. LARKIN, 0000 BRIAN W. EVANS, 0000 DARYL K. DANIELS, 0000 STEPHEN J. LINEHAN, 0000 THOMAS P. DAVIS, 0000 GUY J. FARMER, 0000 KEVIN S. LYLES, 0000 BRIAN W. FOSTER, 0000 SUBRATO J. DEB, 0000 MARIAN L. MACDONALD, 0000 KEVIN DELAHANTY, 0000 DANIEL J. GILKEY, 0000 RANDALL C. MAPES, 0000 GARY W. GRAHAM, 0000 DAVID M. DELONGA, 0000 LLOYD W. MARLAND, 0000 LIBERIO E. DEMEDEIROS, 0000 JASON S. GUELLO, 0000 GARY A. MAYNARD, 0000 GREGORY R. HAUCK, 0000 GERALD D. DENTON, 0000 JOSEPH C. MCGOWAN, 0000 JOHN E. DEORDIO, 0000 DAVID B. HAYNES, 0000 STEPHEN R. MERRILL, 0000 SAMUEL N. HOTZ, 0000 JEROME V. DILLON, 0000 JOHN L. MORRIS, 0000 MARK A. DOBBERTIEN, 0000 GERALD W. KEARNEY, JR., 0000 GARY L. MUNN, 0000 BRIAN M. KENNEDY, 0000 ROBERT J. DONOVAN, 0000 GARY NOBLE, 0000 CHRISTINE E. DORR, 0000 PETER W. KOENEMAN, 0000 LAWRENCE E. OLSEN, 0000 JOHN M. KOURY, 0000 ALAN B. DOUGLASS, 0000 KAY M. OSBORNE, 0000 THOMAS C. DOWDEN, 0000 DAVID L. KOWALSKI, 0000 GREGORY R. OSTROWSKI, 0000 JASON C. LATCHAW, 0000 JAMES R. DUNNE, 0000 RUSSELL G. PENDERGRASS, 0000 EDDY L. ECHOLS, 0000 KEVIN M. LILLY, 0000 PABLO D. PIZARRO, 0000 SCOTT J. LUCKIE, 0000 KENNETH L. EISENBERG, 0000 KEVIN R. PORTER, 0000 SCOTT M. EMISON, 0000 WILLIAM P. MACNAUGHTON, 0000 RANDALL N. PRATT, JR., 0000 BENJAMIN W. MALMANGER, 0000 TODD L. EVANS, 0000 ROBERT W. QUIGG, 0000 TED M. FANNING, 0000 JAMES E. MANEL, 0000 MARK E. RALSTON, 0000 LAWRENCE G. MASSEY, JR., 0000 ROBERT W. FARR, 0000 FRANK P. REYNOLDS, 0000 LESLIE H. FENTON, 0000 ERIC J. MATTSON, 0000 THOMAS L. RICHIE, 0000 DAVID B. MCCANN, 0000 MICHAEL A. FERGUSON, 0000 DAVID N. RICKEY, 0000 ANDREW L. FINDLEY, JR., 0000 MICHAEL T. MCCOMAS, 0000 RICHARD E. ROBEY, 0000 CARL L. MCLEOD, 0000 DONALD P. FIX, 0000 STEPHEN B. ROCK, 0000 JOSEPH W. FLANAGAN, 0000 JASON D. MERKER, 0000 MICHAEL F. ROCKLIN, 0000 MARK A. MERRILL, 0000 JAMES P. FLINT, 0000 WILLIAM A. ROIG, 0000 JOSEPH C. FORTSON, 0000 JOHN E. MING, 0000 GEORGE C. SAKAKINI, 0000 KYLE J. MOORE, 0000 BRYAN A. FOX, 0000 KENNETH M. SAMPLE, 0000 FRAZIER W. FRANTZ, 0000 STEFAN J. MUELLER, 0000 THOMAS F. SHACKELFORD, 0000 JEFFREY T. MURPHY, 0000 DANIEL A. FREILICH, 0000 PETER D. SHERROD, 0000 JOHN M. FREYMANN, 0000 SCOTT A. NICHOLSEN, 0000 WYATT S. SMITH, 0000 MARK T. PALIOTTA, 0000 EMORY A. FRY, 0000 CARLTON E. SODERHOLM, 0000 ROBERT N. GALE, 0000 THOMAS F. PAQUIN, 0000 FREDRICK N. SOUTHERN, 0000 MATTHEW D. PARKER, 0000 BRENDON L. GELFORD, 0000 ALLAN M. STANCZAK, 0000 MILTON D. GIANULIS, 0000 CHRISTIAN E. PARSON, 0000 JOHN N. STENSLAND, 0000 GRANT M. PENNINGTON, 0000 BRYCE M. GIBB, 0000 JOHN B. STOCKEL, 0000 LISA A. GLEASON, 0000 BRIAN N. PINCKARD, 0000 DENNIS E. SUMMERS, 0000 STEPHEN PRITCHARD, 0000 THOMAS J. GOALEY, JR., 0000 WILLIAM J. SWARTWORTH, 0000 ELISE T. GORDON, 0000 CHRISTOPHER K. RAIBLE, 0000 ROBERT J. TATE, 0000 JADE N. RICHARD, 0000 WILLIAM R. GRAF, 0000 JAMES TERBUSH, 0000 GORDON F. GREEN, 0000 DANIEL D. ROSE, 0000 OWEN G. THORP III, 0000 MORGAN N. SAVAGE, 0000 KENNETH P. GREEN, 0000 GEORGE G. ULRICH, 0000 RICHARD GREEN, 0000 TODD R. SCHIRO, 0000 DANIEL V. UNGER IV, 0000 JEFFREY B. SCOTT, 0000 CHARLES L. GROVES, 0000 JAMES D. VALENTE, 0000 JOSEPH GUERRERO, 0000 CORY G. SIMMONS, 0000 JANE F. VIEIRA, 0000 SCOTT A. SITTERLE, 0000 KEITH B. GUSTAFSON, 0000 MICHAEL S. WENZEL, 0000 JAY A. GUTZLER, 0000 BRIAN C. SMITH, JR., 0000 JERRY W. WHITE, 0000 KARL J. STOETZER, 0000 BRADEN R. HALE, 0000 JOHN T. WIDERGREN, 0000 MARK B. HALVORDSON, 0000 GEOFFREY T. TETTERTON, 0000 FRANCIS R. WINKEL, 0000 ADAM J. TKACH, 0000 MARK E. HAMMETT, 0000 RICHARD C. YAGESH, 0000 TONY S. HAN, 0000 ROBERT J. VANDERWOUDE, 0000 PETER L. ZAMFIRESCU, 0000 DAVID W. VANHOOF, 0000 JACK E. HANZLIK, JR., 0000 LAWRENCE A. WASHINGTON, 0000 To be commander STEVEN R. HARDMAN, 0000 BRENT A. WEATHERS, 0000 KURT P. HARDY, 0000 JOHN N. WILKIN, 0000 DANIEL J. ACKERSON, 0000 KRISTINA E. HART, 0000 KEVIN W. WINTER, 0000 MICHAEL T. ACROMITE, 0000 JOHN F. HAWLEY, 0000 RICHARD B. YOUNG II, 0000 CHARLES F. ADAMS, JR., 0000 JEFF D. HEADRICK, 0000 RODNEY M. ADAMS, 0000 JENIFER L. HENDERSON, 0000 IN THE NAVY STANLEY D. ADAMS, 0000 RUBY S. HENDERSON, 0000 SALVADOR AGUILERA, 0000 MARY A. HENDRICKSON, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MICHAEL T. AKIN, 0000 MATTHEW L. HERZBERG, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY BRIAN A. ALEXANDER, 0000 GRANT R. HIGHLAND, 0000 UNDER TITLE 10, U.S.C., SECTION 624: JAMES K. AMSBERRY, 0000 JON J. HILL, 0000 To be captain CLAUDE D. ANDERSON, 0000 PAUL P. HOBBES, 0000 JOEL M. APIDES, 0000 ANTHONY R. HOOVLER, 0000 WILLIAM D. FUSON, 0000 BILLY M. APPLETON, 0000 JON L. HOPKINS, 0000 STEPHEN C. ARCHER, 0000 MICHAEL T. HOPKINS, 0000 THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- GARY R. AYERS, 0000 JOHN D. HUGHES, 0000 POINTMENT IN THE GRADES INDICATED IN THE UNITED TOBIAS J. BACANER, 0000 THANH T. HUYNH, 0000 STATES NAVY UNDER TITLE 10, U.S.C. SECTION 531: KATHRYN A. BALLANTYNE, 0000 LISA INOUYE, 0000 To be captain BEN J. BALOUGH, 0000 WARREN S. INOUYE, 0000 KEVIN P. BARRETT, 0000 ROBERT A. IZENBERG, 0000 DANIEL ALBRECHT, 0000 DAGMARA E. BASTIKS, 0000 BETH R. JAKLIC, 0000 DANIEL C. ALDER, 0000 KEITH F. BATTS, 0000 CHRISTOPHER P. JONES, 0000 RAYMOND V. ANDERSON, 0000 KEVIN J. BEDFORD, 0000 JAY T. JONES, 0000 DONALD R. BENNETT, 0000 JEFFREY A. BENDER, 0000 BENJAMIN W. JORDAN, 0000

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BRUCE W. KAHL, 0000 STEVEN W. MOLL, 0000 JAMES T. STASIAK, 0000 PAUL H. KALTSAS, 0000 RICHARD M. MONDRAGON, 0000 ZSOLT T. STOCKINGER, 0000 FREDERICK C. KASS, 0000 ROSS MOQUIN, 0000 JERRY K. STOKES, 0000 SARA M. KASS, 0000 EDUARDO MORALES, 0000 MICHAEL J. STRUNC, 0000 GREGG A. KASTING, 0000 PAUL N. NAGY, 0000 KEITH A. STUESSI, 0000 RONALD KAWCZYNSKI, 0000 NALAN NARINE, 0000 WILLIAM SUKOVICH, 0000 DAVID J. KEBLISH, 0000 SCOTT L. NASSON, 0000 TODD E. SUMNER, 0000 FREDERIC J. KELLEY III, 0000 ALADAR NESSER, 0000 KEVIN F. SUMPTION, 0000 JOHN S. KELLOGG, 0000 JOEL D. NEWMAN, 0000 MARK V. SUTHERLAND, 0000 KENNETH J. KELLY, 0000 LACHLAN D. NOYES, 0000 JOSEPH R. TADDEO, 0000 JOHN A. KENNEDY, JR., 0000 OTTO W. OHM II, 0000 CINDY L. TAMMINGA, 0000 MAUREEN T. KENNEDY, 0000 KEVIN C. OMALLEY, 0000 ROSEMARIE C. TAN, 0000 NEIL M. KING, 0000 LOUIS D. OROSZ, 0000 DAVID A. TANEN, 0000 CHARLES P. KLIEWER, 0000 JOHN E. PAGANELLI, JR., 0000 DAVID A. TARANTINO, JR., 0000 WILLIAM J. KLORIG, 0000 ERIC L. PAGENKOPF, 0000 CONRAD A. TARGONSKI, 0000 TREYCE S. KNEE, 0000 EDWIN Y. PARK, 0000 JOHN T. TAYLOR, 0000 TIMOTHY KOBERNIK, 0000 MILAN N. PASTUOVIC, 0000 MICHAEL A. THOMPSON, 0000 TIMOTHY J. KOESTER, 0000 BHARAT S. PATEL, 0000 JOHN S. THURBER, 0000 JEFFREY N. KORSNES, 0000 RICHARD J. PAVER, 0000 WILLIAM E. TODD, 0000 JACQUELINE KOVACS, 0000 PATRICIA V. PEPPER, 0000 MARK C. TOLTON, 0000 ERIC J. KUNCIR, 0000 PHILIP W. PERDUE, 0000 PAMELA S. KUNZE, 0000 LORING I. PERRY, 0000 SANDRA S. TOMITA, 0000 CHARLES S. KUZMA, 0000 ROBERT F. PERRY, 0000 THERON C. TOOLE, 0000 DANIEL M. LAFFERTY, 0000 ALAN F. PHILIPPI, 0000 WALTER S. TOPP, 0000 WILLIAM M. LANDE, 0000 LEONARD J. PLAITANO, 0000 MICHAEL R. TORRICELLI, 0000 JOHN B. LANDIS, 0000 DAVID S. PLURAD, 0000 JOHN C. TORRIS, 0000 FREDERICK J. LANDRO, 0000 THOMAS P. POFF, 0000 EDWARD J. TRACEY, 0000 MICHAEL J. LANE, 0000 STEPHEN J. POPPE, 0000 KEITH M. ULNICK, 0000 PATRICK R. LARABY, 0000 JEFFREY D. QUINLAN, 0000 GUIDO F. VALDES, 0000 ROBERT P. LARYS, 0000 ANDREW I. RADOVAN, 0000 GUSTAVO M. VENTURA, 0000 GARY W. LATSON, 0000 JOHN G. RAHEB, 0000 MARTHA P. VILLALOBOS, 0000 LOUIS V. LAVOPA, 0000 CHRISTOPHER D. REEVESJONES, 0000 JOHN E. WANEBO, 0000 PATRICK L. LAWSON, 0000 SCOTT R. REICHARD, 0000 BERNARD P. WANG, 0000 CALVIN S. LEDFORD, 0000 ROBERT D. REUER, 0000 JOHN F. WARD, 0000 NORMAN LEE, 0000 LESLIE C. RIALES, 0000 VICTOR K. WEBER, 0000 JEFFREY T. LENERT, 0000 JOSETTE L. RICE, 0000 STEVEN M. WECHSLER, 0000 STEPHEN J. LEPP, 0000 JONATHAN W. RICHARDSON, 0000 WILLIAM H. WEIDENHAMMER, 0000 RANDALL J. T. LESCAULT, 0000 JAMES V. RITCHIE, 0000 MICHAEL S. WEINER, 0000 ALAN LIM, 0000 PETER F. ROBERTS, 0000 PETER J. WEIS, 0000 ALAN A. LIM, 0000 JOSE L. RODRIGUEZ, 0000 DAVID K. WEISS, 0000 RONALD L. LINFESTY, 0000 JAMES G. RODROCK, 0000 WALTER R. WEISS, 0000 FRANCESCA K. LITOW, 0000 ANSELMO N. ROLDAN, 0000 LOYD A. WEST, 0000 MARGARET A. LLUY, 0000 MICHAEL T. RONCONE, 0000 CHRISTOPHER WESTROPP, 0000 JEFFREY L. LORD, 0000 JOEL A. ROOS, 0000 ROBIN M. WILKENING, 0000 JAMES A. LOWDER, 0000 JOSEPH D. RUGGIERO, 0000 MARKUS A. WOEHLER, 0000 ROBERT E. LUCAS, 0000 ROBERT T. RULAND, 0000 DAVID M. WOJDA, 0000 JEFFREY R. LUKISH, 0000 MARY K. RUSHER, 0000 JOHNNY WON, 0000 MARK B. LYLES, 0000 KEVIN L. RUSSELL, 0000 EDWARD J. LYNCH, 0000 LAWRENCE J. RUSSO, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT KAREN M. LYNCH, 0000 DONALD R. SALLEE, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY SCOTT A. MAGNES, 0000 JOHN W. SANDERS III, 0000 UNDER TITLE 10, U.S.C., SECTION 624: RICHARD T. MAHON, 0000 ELIZABETH K. SATTER, 0000 JESUS V. MALLARI, 0000 KYLE P. SCHROEDER, 0000 To be commander PETER A. MARCO, 0000 PAULA J. SEXTON, 0000 JOHN J. MARSHALL, 0000 JOHN B. SHAPIRA, 0000 JAMES D. THOMPSON, 0000 THOMAS J. MARSHALL, JR., 0000 ERIC S. SHERCK, 0000 THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- ROBERT W. MARTIN, 0000 MARTY W. SHIELDS, 0000 POINTMENTS TO THE GRADE INDICATED IN THE UNITED STEPHEN C. MARTIN, 0000 DANIEL P. SHMORHUN, 0000 STATES NAVY UNDER TITLE 10, U.S.C., SECTION 531: CHRISTOPHER J. MCARTHUR, 0000 TIMOTHY R. SHOPE, 0000 ROBERT P. MCCLANAHAN, JR., 0000 ANDREA L. SHORTEREVANS, 0000 To be lieutenant commander JOHN M. MCCURLEY, 0000 AMANDA G. SIERRA, 0000 MICHAEL T. MCHALE, 0000 ANDREW E. SIMAYS, 0000 JAMES F. BRINKMAN, 0000 JAMIN T. MCMAHON, 0000 BRIAN L. SIMPSON, 0000 JOE D. HAINES, JR., 0000 MICHAEL F. MCNAMARA, JR., 0000 MICHAEL J. SINGLETON, 0000 LISA PEARSE, 0000 ROBERT D. MCPHAIL, 0000 ROBERT N. SKINNER, 0000 JERRY M. REBREY, 0000 JOSEPH G. MCQUADE, 0000 JOSEPH B. SLAKEY, 0000 ERNEST J. WHITTLE, 0000 RONALD J. MCVICAR, 0000 ERIC P. SMITH, 0000 WILLIAM L. YARDE, 0000 ROBERT D. MENZIES, 0000 JOEL A. SMITHWICK, 0000 ROBERT E. METTS, 0000 HARLEY W. SMOOT, 0000 THE JUDICIARY DAVID H. MEYR, 0000 BRIAN D. SMULLEN, 0000 BRIAN D. MILLER, 0000 MARK E. SNIDER, 0000 ERIC NICHOLAS VITALIANO, OF NEW YORK, TO BE ROBERT N. MILLER, JR., 0000 MARTIN P. SORENSEN, 0000 UNITED STATES DISTRICT JUDGE FOR THE EASTERN LARRY D. MILNER, 0000 JAMES SORIANO, 0000 DISTRICT OF NEW YORK, VICE ARTHUR D. SPATT, RE- JOSEPH M. MOEGLIN, 0000 TIMOTHY C. SORRELLS, 0000 TIRED.

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